Pennsylvania: plea deal by wimpy prosecutor and approved by clueless judge nets David Eugene Foy with probation for killing passenger while DUI on pot


Chambersburg >> The Winchester, Va., man who crashed his vehicle into a house on Pa. 16 in November 2011, killing his passenger Catherine Foy, made a plea during a disposition hearing on Wednesday.

David Eugene Foy, 50, was facing charges of homicide by vehicle, two counts of involuntary manslaughter, recklessly endangering another person and four summary traffic charges, but pleaded guilty to recklessly endangering another person.

The misdemeanor offense left him with a sentence of two years of probation, 120 hours of community service with “emphasis on groups that combat reckless driving or aid individuals disabled or requiring assistance due to injury or accident,” and no consumption of any alcohol or controlled substances, according to online court documents. He is also ordered to pay $1,724.54 in fines.  ….MORE

Judge says family of victim not happy with his verdict and hung up on the judge when he called them

From Herald Mail
CHAMBERSBURG, Pa. — A man charged with homicide by vehicle and involuntary manslaughter after a car crash killed his wife in November 2011 pleaded guilty to a misdemeanor Wednesday in Franklin County court and was sentenced to two years of probation.

As part of the plea, the felony charges against David E. Foy, of Winchester, Va., were dismissed. He pleaded guilty to reckless endangerment.

“It’s a negotiated plea, strategic plea on both sides,” Franklin County Chief Deputy District Attorney David Rahauser told the judge.

Foy’s case was headed to trial. Negotiating a plea was appropriate based on the anticipated testimony of a Pennsylvania State Police accident reconstruction specialist, Rahauser said during the hearing and afterward in response to a reporter’s question.

Rahauser declined to elaborate further on the case.

Franklin County (Pa.) Court of Common Pleas Judge Shawn Meyers questioned the response of Catherine Foy’s family to developments in the case.

“They are not happy with the plea, but I think it’s legally appropriate,” Rahauser said, noting that the relatives had hung up on him when he called.

Foy, 50, illegally passed a vehicle on Pa. 16 prior to the crash. The 2007 Subaru Outback he was driving left the road and hit a porch in Peters Township, Pa.

Foy told the judge he pulled his wife from the passenger side of the car and administered CPR….MORE