A Slatington man pleaded guilty in Carbon County court on Monday to charges stemming from a fatal crash involving a pedestrian in Palmerton.

Joseph McCoy, 26, pleaded before Judge Joseph J. Matika to one count each of involuntary manslaughter and driving under the influence of a controlled substance, both misdemeanors. In exchange for the plea, a felony 2 count of homicide by vehicle while DUI and a felony 3 count of homicide by vehicle were dropped in a plea deal with the district attorney’s office. He was arrested for an incident on Feb. 12, 2018.

According to the affidavit of probable cause filed by Detective Kevin Buck of the Palmerton police, the incident occurred in the 200 block of Delaware Avenue in the morning.

Buck responded to the scene and met officer Shawn Leadbetter, who saw Clair Fatzinger, 81, of Lower Towamensing Township, unconscious and with severe trauma to his head and neck area. Fatzinger later died of his injuries.

Leadbetter said the vehicle that hit him, a 2018 Subaru Impreza, driven by McCoy, was parked down the road.

McCoy told police he saw Fatzinger between two vehicles on the south side of the roadway. McCoy said Fatzinger ran out in front of his vehicle and he didn’t have time to stop.

Leadbetter said that as he spoke with McCoy, he noticed that he had red eyes, which prompted him to ask if he was on anything. McCoy admitted to smoking marijuana the previous evening.

Leadbetter then transported McCoy to St. Luke’s Palmerton Campus for a legal blood draw and then to the borough police department where he was provided his Miranda warnings, which he signed and waived for an interview.

McCoy said he said he was on his way to work traveling at around 35 mph, and saw a pedestrian between two parked cars peek his head out.

McCoy said he then stepped on his brakes and hit his horn, at which time Fatzinger went back in between the cars until he was about to pass by, and that Fatzinger ran out in front of the car. Through reconstruction, it was found that Fatzinger had actually been crossing from the opposite side of the street and was never between two parked cars, nor was he anywhere that McCoy had placed him.

Further, it was discovered that McCoy had just completed a phone call at around the same time he struck Fatzinger.

Matika told McCoy the state sentencing guidelines call for between 9 and 16 months in prison up to 60 months maximum for the involuntary manslaughter charge. He said it can be a county or state sentence.

Sentencing was deferred and Matika ordered the adult probation office to prepare a presentence investigation report.