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Judge upholds Tamaqua hit-and-run charges; victim has brain injury

A Tamaqua teenager struck by a hit-and-run driver in November continues to recover in a rehabilitation facility.

On Tuesday, the woman who was allegedly behind the wheel had a preliminary hearing in magisterial district court. Kayla Shea Hayes, 22, was not present due to a reported illness. The judge in the case ruled that charges against her will proceed to county court, with Hayes remaining out on $10,000 bail.

Eric Richardson, a Marian Catholic sophomore, suffered a traumatic brain injury in the Nov. 20 crash. Richardson was crossing East Broad Street at its intersection with Laurel Avenue at the time he was struck.

“His brain is still healing. We have no idea when he’s going to be discharged. Every day there’s a little bit of improvement,” said his grandmother, Barbara Bowman.

During Tuesday’s hearing, a witness who was driving near the crash recalled seeing someone fly into the air over a vehicle. Jose Rodriguez testified that he stopped to help, and saw the driver leave the scene. Provided with a picture of Hayes, he identified her as the driver.

He said multiple people told her to stay at the scene, and some tried to block her car.

Rodriguez said he saw the driver park the car a short distance away. He said she and a passenger got out of the car and ran away.

Tamaqua Police Officer Karl Harig testified that the car is owned by a man, but he learned that the driver had been in a relationship with Hayes. At the time of the crash, Hayes’ license was suspended.

After Hayes was located at a relative’s house in Philadelphia, police gave her a chance to turn herself in. On Dec. 6, relatives drove her to Tamaqua to face charges. She was released on 10 percent of $10,000 bail.

On Tuesday, Judge Stephen Bayer said that the hearing could go forward without Hayes in attendance. Hayes’ attorney and the assistant district attorney did not object to the hearing taking place.

Bayer ultimately ruled that all charges against Hayes can proceed to the Schuylkill County Court of Common Pleas. Bail was unchanged.

Bowman said after the hearing she was disappointed that Hayes could miss the hearing and remain out on bail.

On the stand, Richardson’s mother, Jacqueline, gave emotional testimony about how the crash has changed her son’s life.

She said in the days after the injury, doctors were unsure if he would recover from his injuries. He had a portion of his skull removed to alleviate pressure from multiple brain bleeds. He also suffered a broken ankle.

Today, he remains in a rehabilitation facility. He has recovered some of his speech and motor skills, but still needs a surgically implanted tube to alleviate pressure on his brain.

She has been off work, spending days and nights with him at the rehabilitation facility while he receives therapy. They still do not know when he will be released.

Jacqueline Richardson witnessed the crash take place. They were delivering popcorn which her son had sold to help fund his trip to Scout camp.

Since the crash he has received support from his classmates at Marian Catholic High School. They held fundraisers and sent messages of support, most recently on Valentine’s Day.

Jacqueline Richardson said it was hard on both her and her son for her to leave the rehab to come to court for the hearing.

“I told my son, you fought to live, you’re fighting to come home, let mom fight for justice,” she said.

Charges against Kayla Hayes have been held for court. TIMES NEWS FILE PHOTO