ALLENTOWN, Pa. - The van driver who fatally struck Dieruff High School teacher’s aide Angela Yowakim in September has been charged with two careless driving offenses – unintentional death and right-of-way of pedestrians in crosswalks.
Lehigh County District Attorney Jim Martin announced the charges Wednesday. Joseph Fling Jr., 77, of Hatboro, Montgomery County, was issued citations and faces up to a six-month suspension of his driver’s license.
- Summary offenses have been filed against the driver who fatally struck Angela Yowakim, a Dieruff High School paraprofessional
- They include careless driving in an unintentional death and right-of-way of pedestrians in crosswalks
- An investigation showed the 77-year-old motorist was driving approximately 7 mph over the speed limit
While calling Yowakim’s death tragic, Martin said Fling was going just 7 mph above the 30 mph speed limit, which he said is not considered excessive.
The crash happened at 6:42 a.m. Sept. 6 while Yowkim was walking in the crosswalk at North Irving Street, near Andre Reed Way. Martin said it was just three minutes before the school zone speed limit dropped to 15 mph. The flashing lights indicating a school zone operate from 6:45 a.m. to 7:45 a.m.
Martin noted in a statement that Fling stayed at the scene and was not found to be under the influence of drugs, alcohol, or texting on a cellphone. He also said there was heavy rain that morning and the driver had his wipers and headlights on.
“He is being charged because there is probable cause to believe that he should have been able to observe Ms. Yowakim in the crosswalk and should have been able to bring his vehicle to a safe stop ..."Lehigh County District Attorney Jim Martin
“He is being charged because there is probable cause to believe that he should have been able to observe Ms. Yowakim in the cross walk and should have been able to bring his vehicle to a safe stop – ordinary negligence– not gross, i.e., criminal negligence; and, therefore not homicide by vehicle.”
Martin said in the statement that a video of the incident showed that Yowakim appeared to not see Fling’s van approaching and the van merely keeping up the flow of traffic.
An attorney, Gregg Durlofsky, said the Yowakim family had no comment and they requested privacy at this time.
Martin also took aim at the news conference held the day after the crash by Allentown Mayor Matt Tuerk, Police Chief Charles Roca and school district officials. Members of the Yowakim family also attended, carrying pictures of Angela. Officials there urged drivers to slow down in school zones.
Martin criticized officials in his statement for contributing to speculation that the driver left the scene or was somehow impaired. He said the news conference was held before Allentown police reconstructed the crash or knew all the facts.
“Several questions posed by the media at that press conference were not answered,” he said. “Although appropriate at that time due to the ongoing nature of the investigation, not answering helped fuel public speculation that the driver left the scene and/or that he was impaired. Neither was true. In fact, Mr. Fling stopped immediately, was not impaired at all, and cooperated fully with the investigation.
Tuerk’s office and Roca defended holding the briefing.
“We stand by the decision to hold the press conference,” city spokeswoman Genesis Ortega said. “ We did not share any details that would compromise the ongoing investigation. Rather, the purpose of the press conference was to stress the importance of traffic safety as well as to comfort a community that was grieving the loss of Ms. Yowakim.”
Allentown police issued a statement late Wednesday, Sept. 7 — several hours after the news conference and more than 36 hours after the crash — that specified the driver had been identified and remained at the scene afterward.
Yowakim was a Dieruff High graduate who worked there as a paraprofessional. The Lehigh County Coroner’s Office ruled she died of multiple blunt force injuries and the manner of death was accidental.
News Release Fatal Crash on Sept. 6, 2022 by Samara on Scribd
