'There's no evidence of unsafe driving'

'There's no evidence of unsafe driving'

By JENNIFER MILLER, Staff Writer
08/22/2008

WEST GOSHEN — A judge dismissed reckless endangerment charges against a man who was allegedly intoxicated when his car collided with a bicyclist, causing fatal injuries.
Mark E. Delguzzo, 24, of Chester Springs, was charged with DUI and reckless endangerment in July, roughly seven weeks after his vehicle collided with bicyclist Paul Hally, 35, of West Goshen. Hally was pronounced dead at the scene.

At Delguzzo's preliminary hearing Thursday, Magisterial District Judge William Kraut dismissed the reckless endangerment charge after defense attorney Bill Gallagher argued that a 1998 case law showed there were no grounds for the charge.
The DUI case of Cathy M. Mastromatteo was appealed to
the state's Superior Court in 1998. The court ruled there is no evidence to support "that driving under the influence alone creates the degree of risk legally necessary to convict for reckless endangerment."
In Delguzzo's case, Gallagher told the judge, "There's no evidence of unsafe driving."
Assistant District Attorney Deb Ireland argued that the combination of alcohol and drugs found in Delguzzo's system, along with his decision to drive, resulted in reckless endangerment.
But, the judge agreed with Gallagher's argument.

"Based on the case Mr. Gallagher has presented to this court, I don't think I have any other choice but to dismiss this charge," Kraut said.

Gallagher waived his right to a hearing for the DUI charge, which will now go to Common Pleas Court.

Meanwhile, District Attorney Joseph Carroll said this week he still intends to review the case — a review he agreed to after the victim's family raised concerns over the initial charges.

"Our hope is that when the DA, Joseph Carroll, reviews the case as promised, all evidence will allow for the proper charges to be placed," said Leilia Hally, the victim's mother.

Leilia Hally said there is a big gap in the legal system when it comes to DUIs. She said she believes the legal system treats fatal DUI crashes involving two vehicles differently than fatal DUI crashes involving bicycles.

"Some kind of law has to be passed to close that gap," she said.

To file a charge of vehicular homicide while DUI, Carroll said his office needs to prove the crash would not have occurred had the defendant been sober. Reconstruction of the crash seemed to show that a sober driver would not have seen the cyclist in time to prevent the crash, Carroll said.
Delguzzo was going about 30 mph in the 1000 block of West Chester Pike in West Goshen when the crash occurred, according to police. Delguzzo reportedly told... Continue at Daily Local News

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