CLEARFIELD – A West Decatur man accused of the Dec. 22, 2005 death of Linda Whited as the result of a drunk driving accident had a bench trial on Friday.
James John Tingle, 51, is charged with homicide by motor vehicle while driving under the influence, aggravated assault by vehicle while driving under the influence homicide by vehicle, driving under the influence of alcohol, driving at safe speed, careless driving and reckless driving.
Tingle opted for a non-jury trial, with the finder of fact in this case being Clearfield County President Judge Fredric J. Ammerman. Tingle stipulated to some of the charges and evidence pre-trial. The question that was before the court was whether the accident ultimately claimed the life of Whited.
Whited was being treated at Mt. Laural Nursing and Rehabilitation Center when her doctor ordered she be taken by ambulance to the hospital. Her heart rate reportedly jumped, then fell, and her blood pressure dropped. She soon passed away.
According to court documents that accident occurred on Dec. 4, 2005. Linda Whited and her family were in a vehicle that was struck by a vehicle driven by Tingle. The Whited’s were all taken to Altoona Regional for treatment. As a result of the injury, Linda Whited had surgery on her legs. As a precautionary measure against blood clots, a filter was placed in one of her blood vessels.
The first witness to take the stand was pathologist Dr. Jeanne Lumadue. Lumadue stated that upon examination a blood clot was found near the filter placed in Linda Whited. She stated that upon examination of the lungs, she came across area of infarction, or dead lung tissue due to a lack of oxygen. Upon further examination, Lumadue found smaller clots that may have broken off from the larger clot captured by the filter.
Lumadue said that she found eight smaller, microscopic clots in different samples taken from Linda Whited’s lungs. Lumadue said that she believed Linda Whited died as a result of the embolisms, or blood clots. Lumadue said that due to the infarction, the heart would have to work harder to pump blood to the lungs. She also stated that one of the heart’s valves was enlarged. Lumadue also stated that the ultimate mechanism in the death was the automobile accident.
Defense witnesses disputed that claim, stating that there would need to be far more microscopic blood clots. One, Dr. Wayne Ross, testified on taped proceedings that her death scientifically did not match a death related to blood clots. Ross basically said that she did not have the symptoms associated with that kind of death, nor was her heart enlarged, according to the reports that he read.
Ross did not directly examine Linda Whited, but did look over reports and tissue samples provided to him.
Another defense witness, Dr. Leon Sweer, also testified that he did not believe the microscopic blood clots to be the cause of Linda Whited’s death. He did relate that x-rays, which Ross examined but Lumadue did not, were not sufficient to find smaller blood clots. He also related that such an event would not occur within a day or two with the smaller embolisms. He said that it would take time and a patient would become symptomatic over that time.
Clearfield County District Attorney pointed out that three days before she passed away, Linda Whited began showing what the commonwealth believes were signs of the blood clots in her lungs. According to records presented at court, Linda Whited’s breaths per minute were essentially rising. She also reported to medical personnel that she was weak, and had chest and abdominal pain.
Other records admitted showed that she used other muscles to help herself breathe.
Neither Sweer nor Ross could find an explanation as to why Linda Whited’s health declined so suddenly.
Ammerman has seven days to render a decision in the case. Attorney’s for both sides have until July 18 to submit briefs involving objections to testimony on video provided by Ross, who was not present at the trial. A decision could be reached by July 19 but no later than July 20.
