Chestnuthill Township, Monroe County - A man accused of killing a military veteran while driving "under the influence of a controlled substance" will head to trial.
Friday, a judge decided there is enough evidence for James York Junior of Effort to face a jury.
Police say York crashed into Walter Machalick last March. Machalick was 85-years-old. Police say it happened along Route 115 near Log Cabin Road in Effort. Prosecutors say evidence shows York had components of marijuana in his blood at the time. His license was suspended because of a previous DUI charge.
On the day of the crash, Walter Machalick went to check his mail. Police say York's vehicle slammed into him. The force threw Machalick's body more than 100 feet. Assistant District Attorney Barbara Fitzgerald said, "The victim in this case was actually a World War II Veteran and when he was struck and killed it was actually in full view of most of the members of his immediate family."
Fitzgerald said she will not accept a plea in this case. She added, "It's a very serious incident. People should certainly be safe to go to the mailbox without getting run over."
York's attorney, Chandra Bleice, said York may be able to explain what happened she noted, "I do think we have a really good case." Then added, "He has a very serious medical condition which I think contributed to what happened."
Bleice declined to give details about the medical problem. She would not say if her client uses marijuana for medical reasons. She did say York feels bad about the deadly crash. She said, "He is very upset about what happened. He said he thinks about it all the time and can't get it out of his head."
A judge sent York to jail in lieu of $100,000 bail. A trial date has not been set.