$25,000 settlement reached following accident

Aug. 07--On April 15, 16-year-old Shane Hyson was directing traffic away from an accident on U.S. Highway 270 near the Indian Nation Turnpike when he was struck by a 1990 Ford F-150.

The accident caused Hyson serious injuries. In an interview about a week after, Hyson's family attorney Trevor Furlong told the News-Capital "a piece of his (Hyson's) elbow is still on 270."

The man allegedly driving the Ford at the time of the accident, according to authorities, was Pete Bonicelli Jr., 54, of McAlester. He was charged with felony DUI -- great bodily harm and felony leaving the scene of an accident involving injury. An Oklahoma Highway Patrol trooper said he had to chase the Ford before the driver finally pulled over.

"Bonicelli failed to stop at the scene...and fled east on U.S. Highway 270," Garrett Gray wrote in the affidavit.

Gray said when he caught up to the driver, it looked like the driver was intoxicated.

"Gray noticed that Bonicelli had slurred speech and was unsteady on his feet (rocking back and forth)," Gray wrote.

Gray wrote in the affidavit Bonicelli admitted to drinking six beers before getting behind the wheel. Bonicelli's felony charges are still pending in Pittsburg County District Court. He has a preliminary hearing set on Sept. 14.

Hyson was taken to a hospital and received treatment for his injuries. Hyson's trustee, Jeanette Tweedel, lodged a civil claim against Bonicelli seeking damages.

According to court documents, the two sides have since reached a settlement. The first document filed was a joint petition for approval of settlement on July 20. In it, both parties ask a judge to approve a settlement of $25,000.

"The Petitioners/Plaintiff (Tweedel) believe the settlement is fair, equitable and in the best interest of the minor child," the petition reads.

"Farmers Insurance Company, Inc., on behalf of the Co-Petitioner/Defendant, Pete Bonicelli, promises to pay the total sum of $25,000 to Jeanette Tweedel."

The filing lists Tweedel as a trustee for Hyson.

But, while the defendants do plan on paying the family of Hyson, the filing clearly states neither Bonicelli nor Farmers Insurance feel they are to blame for the accident.

"The Co-Petitioner/Defendant, Pete Bonicelli, and Farmers Insurance Company, Inc., expressly deny any and all responsibility to liability as a result of the accident but wish to avoid the expense and hazard of litigation," the filing reads.

The defendant's attorney, Baron Vanburkleo, did not respond to a request for comment.

Contact Parker Perry at [email protected]

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