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Man charged in fatal crash applies for court-appointed legal counsel

April 15, 2013

MARTINSBURG, W.Va. — A Hagerstown man charged in a fatal vehicle crash in October 2012 that killed his brother and left another man paralyzed applied for court-appointed legal counsel Monday in Berkeley County Magistrate Court.

Timothy Lee Kegarise, 33, of Hagerstown, is charged with single felony counts of driving under the influence with death and destruction of property, and one misdemeanor count of DUI with injury, according to magistrate court documents.

Kegarise’s brother, Thomas L. Kegarise, also of Hagerstown, died in the Oct. 11 crash on Hedgesville Road (W.Va. 9) near Cherry Run Road and passenger Frank Mason Jr. of Hancock was left paralyzed from the chest down due to his injuries, according to court documents.

Kegarise, who walked into the courtroom with a cane, also waived his right to a preliminary hearing in magistrate court within 10 to 20 days of his arraignment on the pending charges in a brief appearance before Magistrate Robert L. Lowe II.

A new hearing date was not immediately set Monday.

Police said the 2000 Kia Spectra that Timothy Kegarise was driving damaged the south end of a residence at 9082 Hedgesville Road after it left the road and traveled through a fence, according to court documents.

The vehicle, which was eastbound on Hedgesville Road, became airborne after crossing over an embankment, struck the residence and came to rest in the front yard near the driveway, according to court documents.

Kegarise’s blood-alcohol content was determined to be .135, according to court documents. The state legal limit is .08.

— Matthew Umstead

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