BETHLEHEM, Pa. — The driver of a car who struck and killed a Whitehall Township man on Christmas Day exceeded the posted speed limit by 15 mph, police said in a criminal complaint.
Etienne Theagene, 47, turned himself in Thursday to face a felony charge of homicide by vehicle and involuntary manslaughter, a misdemeanor, according to the Lehigh County District Attorney’s Office.
Theagene also was charged with reckless driving, careless driving and driving at safe speeds, in addition to speeding.
Theagene is accused of fatally striking Edward Tomcics, 75, about 6:50 p.m. Dec. 25, 2024, on Water Street in Whitehall.
‘The street was dark’
According to the criminal complaint, the first officer to arrive on scene found Tomcics unconscious on the side of the road and began resuscitation efforts.
A second officer arrived and took over CPR while his colleague spoke to Theagene, who identified himself as the driver of a 2023 Nissan Kicks. He told police he was driving to work when he struck Tomcics.
According to the complaint, Theagene said he did not see Tomcics because “the street was dark.”
Tomcics was rushed to Lehigh Valley Hospital-Muhlenberg and further life-saving measures were attempted, but he was pronounced dead at 7:32 p.m. from multiple blunt force trauma.
“At this distance, had the defendant been traveling at the posted speed limit of 25 mph, he would have been able to stop prior to striking Tomcics."Criminal complaint affidavit
Police executed a search warrant on the vehicle Dec. 27 and found it had no mechanical failures nor issues that would have contributed to the crash.
Police said they obtained surveillance video that recorded the collision, allowing them to conduct a video speed analysis. It determined Theagene’s car was traveling 40.7 mph in the area, which has a posted residential 25 mph speed limit.
Officers also conducted a visibility study on Water Street under similar lighting conditions at the time of the crash and determined Theagene should have been able to see Tomcics in the roadway at least 180 feet from the point of impact.
“At this distance, had the defendant been traveling at the posted speed limit of 25 mph, he would have been able to stop prior to striking Tomcics,” the complaint said.
Long-term safety plan eyed for Water Street
Tomcics’ family, friends and neighbors say Water Street, which runs about 17 feet wide, was plagued by speeding vehicles prior to Tomcics’ death.
Those people packed a township board of commissioners meeting weeks later to urge officials to crack down on speeding on Water Street — a plea they said Tomcics made multiple times before he was hit and killed.
Township Mayor Joseph J. Marx Jr. pledged to address their concerns and said officials would install speed control signs and plastic barriers in the area.
Marx later said he was considering a temporary closure of Water Street while the township worked to develop a long-term safety plan for the street.
Theagene was released Thursday on unsecured bail of $25,000, according to court records.
His preliminary hearing is scheduled for Sept. 28 in front of Magisterial District Judge Todd Heffelfinger.
