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Hagerstown man waives right to preliminary hearing in fatal vehicle crash

June 14, 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 waived his right to a preliminary hearing Thursday in Berkeley County Magistrate Court. 

Timothy Lee Kegarise, 33, 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.

Kegarise’s brother, Thomas L. Kegarise, also of Hagerstown, died in the Oct. 11 crash on Hedgesville Road, which is also W.Va. 9, near Cherry Run Road, according to court documents.

Passenger Frank Mason Jr. of Hancock was also left paralyzed from the chest down due to his injuries, the documents said.

After waiving the hearing, Kegarise’s case now is bound over to Berkeley County Circuit Court, where it can be presented to a grand jury by Berkeley County Prosecuting Attorney Pamela Games-Neely’s office.

Kegarise waived his right to the hearing in exchange for early discovery, his court-appointed attorney, Joseph R. Whiteoak III, said Thursday.   

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, the documents said.

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, the documents said.

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

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— Matthew Umstead

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