Vehicular homicide case going to court
Vehicular homicide charges against a Lehighton man from a crash that resulted in the death of two people last year in Franklin Township have been bound over to Carbon County Court.
Richard Failla, 48, of 120 Oak Inlet Drive, was scheduled to have a preliminary hearing Tuesday before District Judge William Kissner of Palmerton.Instead, Failla agreed to waive his right to the hearing, and will appear Dec. 17 for a pretrial status conference in the district attorney's office at the Carbon County Courthouse in Jim Thorpe.Failla faces charges on three counts each of aggravated assault by vehicle while driving under the influence, and recklessly endangering another person, two counts each of homicide by vehicle, homicide by vehicle while driving under the influence, involuntary manslaughter, and driving under the influence of alcohol, and related charges.He remains free in lieu of $40,000 unsecured bail.According to the affidavit of probable cause filed by officer Frank Buonaiuto of the Franklin Township Police Department:On Aug. 31, 2014, Buonaiuto and part-time officer Christopher Lekka were dispatched to Forest Street near Sawmill Drive for a reported rollover crash.Buonaiuto arrived at the scene at 2:22 a.m. and saw a White Jeep Grand Cherokee bearing a New Jersey registration rolled over.He looked inside the vehicle and noticed that two men on the passenger side of the vehicle weren't moving at all.Failla, who was visibly shaking, was walking around the vehicle with blood coming from his right knee.Failla told police that one of the men in the car was the driver.Failla identified the people as Brian McGovern and Christopher Mattera.Another occupant, Matthew Friant was rushed to the Lehigh Valley Hospital, Cedar Crest, with serious injuries.EMS began to treat Failla for his injuries, and took him into the ambulance. Failla's wife Lisa then arrived on scene a short time later.Driver identifiedBuonaiuto briefly spoke to Failla's wife asking what happened. His wife said they went to the Olde Schoolhouse Tavern, which is located a short distance away on Fairyland Road.EMS told Buonaiuto that while they were cutting Failla's clothes, the Jeep key fob fell out of his left front shorts pocket.The Jeep left the roadway, impacting a large rock, then trees, before it came to rest on its roof.Accident reconstruction by Pennsylvania State Police determined that Failla was driving the Jeep at the time of the incident.The Jeep was traveling 72 miles per hour about 5 seconds before the crash in a 35 mph zone, according to police.At the time the Jeep left the roadway, it was traveling 52 miles per hour.