Injured witness in fatal accident testifies in prelim hearing

Aug. 15—MIFFLINBURG — Mifflinburg resident Wayne Kurtz tried to find the pulse of his friend and coworker Spencer Charles following a head-on collision on Grand Valley Road on July 1.

Kurtz, who testified in front of Mifflinburg District Judge Jeffrey Mensch during the preliminary hearing of Benjamin Martin on Tuesday, said Charles had no visible injuries and was unresponsive moments after the accident. Charles, 30, of Montgomery, was pronounced dead on the scene.

"I would say he was gone on impact," Kurtz testified.

Martin, 35, of Mifflinburg, was allegedly driving under the influence of methamphetamine and amphetamine when he caused the accident that killed Spencer. Martin, whose left arm was in a sling for Tuesday's hearing, sometimes placed his head face down on the desk as he listened to testimony.

Kurtz testified that he was having a picnic at his home on July 1. While he had worked with Charles for the last five years at XPO Logistics, it would be the first time Charles would be at Kurtz's home.

Kurtz and Charles left the house shortly after noon to pick up propane at the closest Cole's Hardware, a trip that should have only taken 15 minutes at the most. Charles didn't know the area and relied on Kurtz to guide him, Kurtz testified.

Kurtz was the passenger in Charles's black Subaru Legacy when they approached a curve on Grand Valley Road and they saw a Red Dodge Ram 2500 in their lane coming straight at them, Kurtz testified.

"I said to Spencer, 'This is going to hurt,'" Kurtz said.

Kurtz testified that he barely got the sentence out when the impact occurred, causing him to lose consciousness. When he came to, Kurtz looked at his friend.

"I knew he wasn't good," Kurtz said.

After checking for a pulse, Kurtz exited the vehicle and would hear Martin asking Kurtz to smash the window to let him out. Martin would free himself from the truck and then asked whether the vehicle was on fire, Kurtz testified.

Kurtz, who went to Geisinger for leg injuries and lacerations on his head, said he still has flashbacks and nightmares from that day. He is seeking counseling services, he testified.

Signs of impairment

State Trooper Timothy Hummel was dispatched to the scene where he observed a truck on its side in the middle of the roadway and a Subaru at a final rest on the south shoulder of the roadway.

Martin told Hummel that he was traveling to help jumpstart his brother's vehicle. He allegedly claimed to have either blinked or fallen asleep when he crossed the double-yellow line and struck Charles' vehicle, Hummel testified.

Hummel testified that Martin exhibited signs of impairment, including dilated pupils, profuse sweating and bloodshot eyes. Martin agreed to field sobriety tests and allegedly exhibited numerous indicators of impairment, Hummel testified.

Initially, Martin allegedly said he had not taken anything, but later admitted he injected a white powder between 8 and 9 p.m. June 30. He was placed under arrest and agreed to a blood draw, Hummel testified.

The samples were sent to NMS Labs in Horsham and the results came back on July 25. It showed that Martin had methamphetamine, amphetamine and caffeine in his system, Hummel testified.

Martin had been through Accelerated Rehabilitative Disposition (ARD) court for DUI on May 18, 2014, in Mifflinburg. ARD is a pre-trial intervention program in Pennsylvania for nonviolent offenders with limited or no prior record, Assistant District Attorney Brian Kerstetter said.

One charge dropped

Defense Attorney Robert Hoffa, of Williamsport, successfully argued that a felony count of aggravated assault be thrown out. Mensch agreed that the severity of Kurtz's injuries did not meet the threshold of the criminal offense.

All other charges were bound to Union County Court, including two additional misdemeanor DUIs and three additional summary offenses that were added on Tuesday.

Martin was charged with two felony counts of homicide by vehicle while driving under the influence (DUI) and aggravated assault; three misdemeanor counts of DUI; and six summary counts of disregarding traffic lanes, failing to keep right and careless driving, reckless driving, driving at a safe speed and careless driving resulting in death.

Martin, who is free on $35,000 cash bail, waived his right to a formal arraignment in Union County Court. His next court appearance is not yet scheduled.