Trucking company owner gets 6-23 months for 2013 crash

April 21--SUNBURY -- A Riverside trucking firm owner will spend 6 to 23 months in county prison because a truck he allowed on the road had a "hazardous braking system" when it was involved in a four-vehicle accident that left a New York man wheelchair-bound.

Joshua S. Kovaschetz, 35, wasn't driving the truck, but he'll begin his sentence at 9 a.m. Monday, April 27, on two misdemeanor counts of recklessly endangering another person, Judge Charles Saylor ruled Monday morning in Northumberland County Court.

The defendant, who received a consecutive sentence of 3 to 11 1/2 months on each count, also was fined a total of $675 plus costs.

Kovaschetz, who pleaded guilty in January to the misdemeanors and summaries of allowing a vehicle to be operated with a hazardous brake system (two counts), unlawful activities, notice of inspection violation and required financial responsibility, apologized for the accident.

"I didn't want to cause harm in any way and I take responsibility for what happened because I owned the truck," he said.

Remorseful

Kovaschetz's attorney, Kyle Rude of Williamsport, said his client was very remorseful for what occurred and asked the judge to sentence the defendant on the bottom end of the standard range for the misdemeanor offense so he could receive probation instead of prison time.

Prior to sentencing, Rude pointed out that the truck involved in the crash had passed an inspection in Connecticut four days before the March 25, 2013, accident, and that the driver, David P. McGuinn, 54, of Paxinos, had said the rig was fine after a post-inspection test run the day of the crash.

Richard Shaw, 63, of Johnson City, N.Y., who remains partially paralyzed, and his 62-year-old wife, Brenda, who was also seriously injured, were at the sentencing. Richard Shaw said he was shocked that Kovaschetz will serve time in prison considering he wasn't involved in the accident, but also expressed disappointment that 12 other violations were dropped as part of the plea deal.

He noted that the couple's lives were changed forever because of the accident, which occurred on Route 54 in Ralpho Township between Elysburg and Riverside. They continue to suffer from their injuries, he said from his wheelchair.

Kovaschetz said he wanted to reach out to the Shaws, but was advised by prior counsel not to do so. "That was a mistake on my part," he said.

Kovaschetz told the court he has "lost everything," including his trucking company, as a result of the accident.

'Liar'

While addressing the court prior to sentencing, Richard Shaw said he was very unhappy that the county district attorney's office did not consult with him or his wife about dropping the other summary charges. Although he commended the judge for issuing a harsher sentence than he anticipated, Shaw said having Kovaschetz spend time in prison won't give him any pleasure because that won't give him his legs back.

He also called Kovaschetz a "liar" during an interview with the media after sentencing. Shaw said Kovaschetz initially blamed him for causing the accident.

"He (Kovaschetz) was mad about his truck being impounded because he was losing money, while I sat in a coma in a hospital bed," Shaw said.

Shaw, who has 12 grandchildren, said his partial paralysis and injuries to his hip, pelvis and legs prohibit him from doing the most mundane things in life, like throwing a ball.

The New York man cried at one point while testifying.

His wife, who is in better health than her husband, said she still suffers from foot and head injuries suffered in the accident. She added, "Our lives are no longer the same," she said.

The couple, who have been married for 44 years, commended their 11-year-old grandson, Kaidin Bried, who accompanied them to the sentencing, for taking good care of Mr. Shaw.

Rude said Kovaschetz relied too much on McGuinn and the Travel Center of America in Willington, Conn., when it came to checking on the condition of the truck prior to the accident.

The attorney said his client accepted the plea deal from the district attorney's office because he could have received a stiffer sentence at trial. "It could have been worse," he said. "Plus, Josh didn't want to put the Shaws through a trial."

Driver paid fine, costs of $127.50

According to a report from Ralpho Township police, Richard Shaw was driving a Ford Mustang east at about 2:30 p.m. when it was rear-ended by McGuinn's truck. The collision forced the Mustang into the westbound lane, where it collided head-on with a Toyota Prius driven by David L. Wolfe, of Shamokin. The Prius was subsequently rear-ended by a Dodge Dakota driven by Ricardo Contreras, of Danville.

Wolfe and his two passengers -- his wife, Judith, and their son, David -- also were injured. Contreras and McGuinn were not.

The Shaws and David L. Wolfe, of Shamokin, through his insurance company, have filed lawsuits against Kovaschetz, his trucking company and McGuinn.

McGuinn was charged with three summary offenses -- operating unsafe equipment, careless driving and an out-of-service offense. On Aug. 20, he pleaded guilty to operating unsafe equipment and paid a fine and costs totaling $127.50. The other two charges were withdrawn.

The charges in the case were filed by Ralpho Township police and state police.

Kovaschetz previously pleaded guilty to hit and run in connection with a Feb. 7, 2014, accident in Riverside and was sentenced to nine months supervised probation. He also was charged in Montour County for incidents involving his trucking business, and with a separate DUI offense in Montour County.

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