Is New Jersey man preparing to take plea deal in Bristol Township hit-and-run death?

A New Jersey man took the first step to potentially accepting responsibility in a hit-and-run in Bristol Township that left a man dead earlier this year.

On Tuesday, Daniel Dietrich, 45, of Palmyra, Burlington County, waived his right to a preliminary hearing at District Judge Kevin Wagner's office in Bristol Township.

The waiver was part of an agreement to later enter an open plea to third-degree murder in the death of Jason Smith, of Bristol Township, according to Deputy District Attorney Megan Hunsicker, who is the lead prosecutor in the case.

An open plea means no agreed-upon sentencing is in place. Third-degree murder holds a maximum penalty of 20 to 40 years in state prison.

Smith, 47, was fatally struck by Dietrich outside a McDonald's along Bristol Pike in Bristol Township on Feb. 5, township police have said.

Prosecutors dropped his other charges, which include accidents involving death or personal injury and accidents involving death or personal injury while not properly licensed, both of which are felonies.

Smith was fatally struck by a truck while in the parking lot of McDonald's along Route 13, also called Bristol Pike, about 4 p.m. that day.

Dietrich told police he had an altercation with Smith, court documents state. He said he had gotten onto Route 13 from Interstate 95, and he may have cut Smith off when he was merging, police allege.

District Attorney Matt Weintraub has said that the two engaged in a verbal altercation while in their vehicles along Route 13 before getting to the McDonald's.

Dietrich told police that Smith refused to go through a green light at the intersection of Haines Road and Route 13, which caused him turn into the nearby McDonald's, according to police. Authorities viewed surveillance footage from that intersection and saw that wasn't the case.

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Police said Smith turned onto Haines Road and turned left into the McDonald's, and Dietrich was following behind him the whole time, court documents state.

Smith parked alongside the restaurant while Dietrich backed into a spot in the lot, officials said.

Dietrich told investigators that Smith got out and went into his truck to get something, later identified as a hammer, and approached Dietrich's truck, officials said. Dietrich ran over Smith and fled, court documents allege.

Dietrich admitted he did not call 911 because his license was suspended, police said.

Authorities reviewed surveillance footage and determined Dietrich could have avoided striking Smith had he turned right instead of left, according to court documents.

Dietrich was arrested about a month after the incident. Investigators had released images of the truck involved to see if anyone recognized the vehicle. Police began investigating Dietrich after receiving an anonymous tip.

Dietrich is scheduled to be formally arraigned on his charges at the Bucks County Court of Common Pleas in Doylestown Borough on May 12.

Smith, who lived in the Bristol area for six years and was living near Haines Road, was originally from the Easton area. He worked as a forklift operator and truck driver for Kelly Pipe in Fairless Hills.

This article originally appeared on Bucks County Courier Times: NJ man considers plea in hit and run death in McDonald's parking lot