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Hazleton man gets prison time for role in fatal ATV crash

A Hazleton man was sentenced to a county prison term on Monday on homicide by vehicle and driving under the influence charges.

Joseph E. Reese, 42, was sentenced by Judge Steven R. Serfass to serve one day less 12 to one day less 24 months in the county prison on the homicide by vehicle count and 48 hours to six months on the DUI charge with the terms running concurrently. The prison terms will be followed by one year of probation.

Serfass rejected requests to have Reese serve the time under house arrest, or a probation term, and at the lower end of the state sentencing guidelines. The guidelines called for a minimum term of somewhere between nine and 16 months up to a maximum of seven years.

Reese previously entered the pleas. In exchange for the pleas, the district attorney’s office dropped a felony two count of homicide by vehicle while driving under the influence, which carries a mandatory state prison term, plus charges of involuntary manslaughter, simple assault, recklessly endangering another person (two counts), careless driving, reckless driving, ATVs operation on streets and highways and unlawful operation of an ATV in a careless way.

Reese was arrested following a crash on June 7, 2020, at 12:49 a.m.

State police at Hazleton were dispatched to a crash along Wixon Circle, near the intersection with West Main Street, in Banks Township.

Reese had two passengers with him, both taken to the Lehigh Valley Hospital, Hazleton Campus. The one passenger, Kimberly A. Kraus, 30, of Hazleton, was then flown to the Lehigh Valley Hospital, Cedar Crest, where she died of her injuries. The other passenger, her then 9-year-old daughter, sustained minor injuries and was treated and released from the Hazleton hospital.

Troopers said the ATV rolled over, ejecting the two passengers.

At the plea hearing, Assistant District Attorney Brian B. Gazo, who prosecuted the case, said Reese admitted drinking beer before the crash. He indicated that Reese told troopers he drank about 12 cans of beer. Reese’s blood alcohol content was measured at 0.154 percent.

Reese told Serfass, “That night it happened I made bad choices.” He added, “I’m so sorry for what happened.”

Members of the Kraus’ family spoke and indicated they did not want Reese severely punished for what happened. They requested he be sentenced at the lower end of the sentencing guidelines or to probation.

Gazo said Reese cooperated with police from the start and the family of the victim did not hold a grudge against Reese for what happened.

But Gazo said a jail term was warranted considering the loss of life and alcohol being involved. He said Reese was given consideration by the commonwealth in the plea agreement made in the case.

Gazo said, “I think he needs to serve some time. We have a young lady without a mother.”

Serfass said, “The bad combination of alcohol and driving was also a deadly one.” He said house arrest was not appropriate due to the facts of the case. He said the sentence must also provide for punishment and take into consideration the victim’s family and the community in general.

Serfass also ordered Reese to get a drug and alcohol evaluation and follow any recommendation for treatment, supply a DNA sample, zero tolerance for drug or alcohol use, pay court costs of about $1,000, render 150 hours of community service when paroled, pay a fine of $1,000 on the DUI charge and a year license suspension, make total restitution of $8,644.27 and pay a $50 per month supervision fee while on parole and probation.

He was given credit for 11 days spent in jail on the charges.

He will begin the jail term at 10 a.m. on Feb. 8. The delay in the start of the sentence is due to COVID-19 issues at the county prison.