Gustavo A. Palmar, age 53, who was the operator of a vehicle that hit and killed a bicyclist submitted a no contest plea on Wednesday in Fayette County Court to the accusation that he was driving under the influence of alcohol.
This man from Uniontown will serve a term of probation under the plea deal. However, he was not charged with homicide by vehicle in the Nov. 2 death of Parrish George of Hopwood. During the trial, prosecutors and police determined found no evidence of gross negligence.
Palmar was given BAC which showed that his blood-alcohol level of .093 percent, which is above the legal limit of .08 percent allowable for Pennsylvania drivers.
According to the police, the crash took place at the corner of Fayette Street and Beeson Avenue as George was riding his bike northbound on South Beeson.
The victim was attempting to cross the intersection when he was in front of a Ford sport utility vehicle operated by Palmar which caused the collision.
Palmar related to the told police that he stopped his SUV for he sensed he ran over something, and when he went out of his vehicle, he realized that he had hit George.
Jack R. Heneks Jr. who is Fayette County District Attorney previously said that an accident reconstruction revealed that George, who was riding his bike down Beeson, was under the influence of alcohol and possibly talking on his mobile. On the other hand, Palmar was moving forward and had a green light, Heneks continued.
The family of George, including his sister, Caitlyn, believed that Palmar should have penalized with more serious charges. But Judge Heneks has stressed that there was no evidence of gross negligence which is the requirement for a vehicular homicide charge. Without this, only charge Palmar could face is DUI.
The sentence of Palman will be pronounced by President Judge Gerald R. Solomon on Dec. 13.
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