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March
7, 2000
MAN PLEADS GUILTY TO DEATH BY AUTO CHARGES
TRENTON
– A Titusville man pleaded guilty to death by auto charges today in the 1999
death of a bicyclist whom he struck head-on with his car, Mercer County
Prosecutor Daniel G. Giaquinto announced.
The
driver, William H. Oderwald, 49, had a blood alcohol level above the legal limit
at the time of the May 21, 1999, accident that claimed the life of Bambe Cross,
32, of Hopewell Borough, Giaquinto said.
Oderwald appeared before Superior Court Judge Charles A.
Delehey today and pleaded guilty to the second-degree offense. Under the terms
of the plea agreement, Oderwald, who has no prior record, faces a maximum eight
years in prison, required to spend 85 percent of that term in jail without
parole under the No Early Release Act, Giaquinto said. Delehey is scheduled to
sentence Oderwald on April 14.
The
accident happened about 4:30 p.m. on Route 645 in Hopewell Township. Oderwald
was traveling eastbound while the victim was riding westbound on the shoulder of
the road.
Driving
under the influence of alcohol and other motor vehicle offenses will be
dismissed as part of the plea agreement when Oderwald is sentenced.
Deputy
First Assistant Prosecutor Kathryn Flicker, who prosecuted Oderwald, told
Delehey in court that the defendant’s blood alcohol level was between .12 and .13. Police had initially charged Oderwald with
aggravated manslaughter, but that charge could not be sustained at trial,
Flicker told the judge.
Had
Oderwald been tried and convicted of the death by auto charge, he could have
received a maximum 10-year term.
In
pleading guilty, Oderwald admitted striking the victim with his car and having
been legally intoxicated at the time of the accident. Oderwald said he does not
remember veering into the oncoming lane, but Flicker said that there were two
off-duty law enforcement officers traveling on the road who described the
defendant as weaving severely in and out of his lane. Just prior to the
accident, one of the officers had placed a call to police from his car phone to
report Oderwald’s erratic driving, Flicker said.