Berks County man charged with hospitalizing five others in DUI crash waives preliminary hearing
A Berks County man charged with sending five people including his own child to the hospital – one with serious injuries – in a three-vehicle crash he caused while driving drunk will have his case proceed to county court after waiving his preliminary hearing earlier this month.
Dustin Clair Stewart, of Ontelaunee Township, waived his preliminary hearing before Judge Raymond Sheller on Dec. 8 on 13 different offenses including aggravated assault by vehicle while driving under the influence, aggravated assault by vehicle, two counts of driving under the influence, endangering the welfare of children, four counts of recklessly endangering another person, two counts of simple assault as well as two summary traffic citations.
Nearly half a dozen victims sat in the courtroom and watched as Stewart told Judge Sheller he understood what he was doing by waiving the hearing.
Assistant District Attorney Kyle Linardo, who will prosecute the case, made a motion to modify bail and argued that Stewart should be monitored to ensure “100% compliance” with his sobriety considering his extremely high blood alcohol content that was more than double the legal limit. Stewart is currently free on $25,000 unsecured bail.
Though Judge Sheller denied Linardo’s request, he warned Stewart to take sobriety seriously or risk jail time.
Stewart, 47, is accused of having a blood alcohol content of 0.203% – well above Pennsylvania’s legal limit of 0.08% – about two and a half hours after he caused the three-vehicle crash along Twin County Road near Ash Road in Caernarvon Township the evening of Sept. 8.
Five other people, including Stewart’s 12-year-old son who was seated in his vehicle, were hospitalized as a result of the crash. Stewart himself was also hospitalized and placed in a neck brace.
One of the victims, who was driving one of the other vehicles, was seriously injured with a broken femur which required a rod to be surgically implanted as well as 11 cracked ribs and two small brain bleeds.
Two other victims reported soreness and contusions which limited their activities. In an interview with police at the hospital Stewart said he was returning from a birthday party with his son and didn’t know how the crash happened, speculating that he had missed a turn. Stewart also admitted to having consumed two alcoholic beverages before driving.
Pennsylvania State Police Trooper Chad Dohner filed the charges.
All defendants are presumed innocent until proven guilty.
