Charges filed in fatal August crash near Saegertown

Dec. 02--A high speed crash that left one dead and two others injured near Saegertown in August has led Pennsylvania State Police to file charges of homicide by vehicle while driving under the influence and 11 other counts against the driver.

Tyler J. Lopus, 25, of 14271 Foster Road, Conneautville, has been charged by state police with homicide by vehicle with DUI and related counts in connection with the death of John K. Wagner, 25, of Mingoville during the early morning hours of Aug. 27. Lopus is scheduled to appear for a preliminary hearing on the charges before Magisterial District Judge Lincoln Zilhaver on Jan. 18.

Wagner was one of two passengers in a Ford Explorer driven by Lopus when the sport utility vehicle crashed on Peters Road in Woodcock Township north of Saegertown, according to police. Wagner was pronounced dead at the scene of that 1:20 a.m. crash by Crawford County Coroner Scott Schell. Lopus and a second passenger, Aaron M. Schlaudecker, 26, of Saegertown, both sustained moderate injuries in the crash and were treated at UPMC Hamot, Erie.

The crash occurred as Lopus was traveling east on Peters Road, lost control of the vehicle with it going off the road and striking a tree before coming back onto the road and coming to a stop on its roof in the middle of the road, according to police.

The arrest affidavit filed with the charges stated that Schlaudecker told police that prior to the crash the three men had been to at least four different taverns where they drank alcohol, but Schlaudecker was unsure of the amount of alcohol they had consumed. Schlaudecker said that after leaving the last tavern, Lopus was driving the SUV at high speeds on Peters Road and Schlaudecker asked Lopus to slow down, but Lopus did not, the affidavit said.

The affidavit said computer records from the vehicle showed it was traveling at 82 miles per hour five seconds before the crash. The posted speed limit on Peters Road is 45 miles per hour.

The affidavit said Lopus' blood alcohol content was 0.112 percent at 2:55 a.m. Aug. 27 -- approximately 95 minutes after the crash -- according to Lopus' medical records obtained from UPMC Hamot via a search warrant.

Under Pennsylvania law, a blood alcohol content of 0.08 percent is considered to be under the influence of alcohol if operating a vehicle.

The affidavit said Lopus also submitted to chemical testing by police following the crash, with the results submitted to NMS Labs in Willow Grove, an independent testing laboratory. Test results from the sample taken by police approximately 2 1/2 hours after the crash found Lopus' blood alcohol content was 0.081 percent and 2.1 nanograms per milliliter of THC, or tetrahydrocannabinol, the chemical responsible for most of marijuana's psychological effects in his bloodstream, according to the affidavit.

The affidavit said toxicology results on Wagner's remains -- the testing of tissue and body fluid samples -- were a blood alcohol content of 0.06 percent and 1.0 nanograms per milliliter of THC. There were no test results listed for Schlaudecker in the arrest affidavit.

While the use of medical marijuana now is legal in Pennsylvania. Under state law, other uses of marijuana are illegal. Under Pennsylvania law, a person who has 1 nanogram per milliliter is considered to be under the influence.

Lopus was charged by state police with homicide by vehicle while DUI and three counts DUI (second offense) for alcohol and marijuana plus seven traffic summary violations. The seven traffic summary counts filed are two of failure to use seat belt for Lopus as driver and for Lopus allowing a front-seat passenger not to wear a seat belt; and single counts of failing to keep right, speeding, careless driving, reckless driving and lack of financial responsibility. The financial responsibility count charges Lopus with having his insurance cancelled for non-payment.

If convicted in Crawford County Court of Common Pleas of the homicide by vehicle while DUI charge, a second-degree felony, Lopus faces a mandatory minimum of three years in prison and a maximum sentence of seven years and a $15,000 fine.

If convicted on the DUI counts, Lopus faces a mandatory minimum sentence of three days in jail and a maximum sentence of six months in jail and a $5,000 fine on each count.

Lopus remains free on $5,000 bond awaiting the Jan. 18 hearing before Zilhaver.

Keith Gushard can be reached at 724-6370 or by email at [email protected].

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