Fort Wayne,IN : Driver who fled deadly crash pleads guilty on April, Thursday 12th 2018
A Fort Wayne man who walked away from a deadly crash and did not report it last year pleaded guilty Thursday in Allen Superior Court to five counts – including three felonies – of leaving the scene of an accident.
Jonathan E. Tracy, 23, and Alisa D. Arseneau, 24, were killed in the fiery wreck about 11 p.m. Feb. 20, 2017, in the 1800 block of West Jefferson Boulevard.
Justin T. Votaw, 32, was driving a 2002 BMW west on the road and bumped a 2004 Volkswagen carrying Tracy and Arseneau that crashed head-on into a Chevrolet Equinox traveling east and burst into flames, a probable cause affidavit stated.
Court documents said Votaw admitted to leaving the scene of the crash and driving the BMW, which was owned by Ashley Burda, but he didn't know why.
He was charged in March 2017 with five variations of leaving the scene of an accident, including two counts of leaving the scene of an accident that resulted in death.
Votaw could face up to 141/2 years in prison at sentencing on the felony counts. It is not clear whether the sentences on each of the three felony charges would run together or back to back.
Votaw did not plead guilty as part of an agreement with prosecutors. A sentencing hearing is set for May 11.
Tracy and Arseneau died at the scene. Debra and Tony Ferraro were in the Equinox and were injured. Randy Coleman, who was riding with Votaw, was also injured. He told police he looked for Votaw after the crash but could not find him, the affidavit said.
Votaw is also facing a lawsuit filed by the Ferraros. Filed in February, court documents allege “serious physical injuries which may be permanent as well as ongoing pain and suffering”
The lawsuit also names Tracy's estate, Geico insurance company and Burda – who allegedly “negligently entrusted her vehicle to (Votaw)” – as defendants. It seeks damages for medical expenses and lost wages.
A hearing in that case is scheduled for June 15.
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Driver who fled deadly crash pleads guilty