CLEARFIELD – The victim of a traffic accident was emotional as she talked about the impact of the accident on her life during sentencing court on Tuesday.
The driver, John Francis Moore, 47, pleaded guilty to felony aggravated assault by vehicle and accidents involving serious bodily injury, as well as misdemeanor driving under the influence and a summary before President Judge Fredric J. Ammerman.
The charges stem from an accident on Oct. 16, 2021 on U.S. Route 322 in Bradford Township near the intersection with McDowell Road when the vehicle Moore was driving westbound, crossed a turning lane and struck a vehicle traveling eastbound.
A vehicle collision reconstruction specialist determined that Moore failed to negotiate a curve leading to him crossing the lanes. He did not lift up on the throttle, hit the brake or steer to avoid the collision, according to the affidavit of probable cause.
The driver of the other vehicle reportedly suffered serious bodily injury including a broken foot, leg, and ribs, as well as a bruised lung.
In court Tuesday, this victim cried as she told Ammerman she understood the plea agreement, which would give Moore a minimum of 33 months in state prison.
“I understand this is how the court system works,” she said before stating that on another day her young son would have been with her.
Deputy District Attorney Tami Fees, asked the judge if she could read an e-mail the victim had sent to him, to further illustrate her problems following the accident. Ammerman agreed.
In the message, she said she didn’t think three years was enough punishment considering his previous record for trying to escape the jail and assaulting a corrections officer.
She remembers screaming as the car came toward her. When she woke up, a bone in her leg was exposed and she had to be cut out of the car.
“I asked over and over again how someone could do this to me,” Fees read.
She stated that Moore was found with a “needle in his arm.”
She was rushed into surgery and spent three days in the hospital away from her son causing her to miss “important milestones” in his life.
After she was released, she felt like a prisoner in her own home and had to have regular injections to prevent her blood from clotting given by a friend, because her husband had to work out of town.
Even though she was in pain, she stopped taking pain medication because “I did not want to end up like John.”
She can no longer run, which was like therapy for her, she said, adding she can’t do most exercises. She requires more surgery to replace her ankle and has been unable to work.
She noted that her choice of car, chosen for its safety features to protect her son, “saved my life.”
In the message, she said “John Moore took something from me I can never get back, time with my son.” She also noted he took her mobility and her ability to trust other drivers.
“Please ensure this man gets help so no other mother has to lose what I did.”
With his head down, Moore, who was also emotional said, “I’m sorry. That’s all I can offer.”
His attorney, Joshua Maines, said “there aren’t any words to address what she said.” He added that Moore was remorseful and was taking responsibility for his actions.
Maines noted that Moore has been clean for the last 18 months while on supervised bail. He asked for Moore to receive a delayed commitment, but the judge denied this saying there are no delays offered for state prison sentences.
Moore was sentenced to serve 33 months to 12 years in state prison and must pay restitution to the victim of $2,554.45.
In the criminal complaint, it notes a passenger in Moore’s vehicle also suffered injuries including a broken tailbone, ribs and pubic bone in addition to a fractured pelvis.
A second passenger who suffered minor injuries told police that Moore had used heroin earlier that day.
Police say they found a used hypodermic needle on the front right passenger side of the vehicle in plain view. A multi-colored container they located appeared to have methamphetamine residue.
Further investigation revealed that Moore was operating the vehicle while having a suspended license and was previously convicted of driving while his license was suspended at least five times.
A blood test showed Moore had benzoylecgonine, Fentanyl and nerfentanyl in his system, according to the report.
In a second case, he pleaded guilty to possession with intent to deliver Fentanyl for which he received a concurrent sentence of 27 months to five years in state prison.
