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Sentencing delayed for Pa. man in fatal crash

November 07, 2003|by DON AINES

CHAMBERSBURG, Pa. - A former Waynesboro, Pa., man whose plea agreement in a 2002 fatal accident was rejected last month by Franklin County Judge Douglas W. Herman, will have to wait at least another week to find out if the plea will be accepted by another judge.

Peter Matthew Shumway, 23, of 120 Reynolds Ave., Mont Alto, Pa., was on Wednesday's court docket for disposition of his case before Judge John R. Walker, according to court records.

Shumway was in court, but after a meeting in Walker's chambers with Assistant District Attorney T.R. Williams and Shumway's attorney David S. Keller, the case was tentatively postponed for a week, Williams said.

Williams did not explain why the case is being heard by a different judge.

Shumway entered the plea Aug. 20 and was scheduled for sentencing on Oct. 1.

On that day, however, Herman rejected Shumway's plea of no contest to accidents involving death or serious injury, saying the recommended sentence of 90 days in jail, 90 days under house arrest and probation for the third-degree felony was inappropriate. The judge said the plea should have been to a section of the law that requires a minimum one-year prison sentence.

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Shumway was charged earlier this year in the Nov. 1, 2002, accident at the intersection of West Main and South Potomac streets in which Qiquang Dong, 50, of Crosswell, Tenn., was killed. Borough police records allege that Shumway drove a Volkswagen Jetta through a red flashing light and struck the side of a van in which she was a passenger.

Police allege Shumway walked away from the scene after emergency personnel and police arrived. He did not contact police for several hours and was never tested for the presence of drugs or alcohol in his system, although the affidavit or probable cause alleged that witnesses had seen him at two Waynesboro-area bars in the hours before the crash.

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