ALLENTOWN, Pa. — Sometimes, a car crash isn’t an accident — and the difference matters.
That loss of life, taken in mere seconds, triggers a lengthy investigation that eventually could result in the filing of criminal charges.
For that reason, the collaborative effort among police, special investigators and the district attorney’s office could take days, months or a year. Or longer.
“Like any criminal case, the length of the investigation is determined by many factors and is case-specific,” Lehigh County District Attorney Gavin Holihan said.
In some cases, charges are filed in a relatively short time.
For example, authorities charged Rajgion Davis, of Whitehall Township, less than 24 hours after he allegedly plowed into a group of people in a Whitehall apartment complex in August.
The act was intentional, police said, emphasizing that Davis tried to leave the scene before bystanders recording with their cellphones directed officers to him.
Davis is charged with criminal homicide, two counts of attempted murder and two counts of aggravated assault with extreme indifference.
Killed was Stephen S. Fistner, 53, of Whitehall Township.
"I'm not denying what I did. I know what I did," Davis told police, according to court records.
He was arraigned on the felony charges and ordered to Lehigh County Jail without bail.
Investigation, reconstruction
While Davis now awaits the jurisprudence of the court, other investigations can take much longer to reach a conclusion that criminal charges are warranted.
In a series of emails, Holihan outlined how forensic evidence, visibility recreation, DNA testing, accident reconstruction, cellphone data analysis, witness interviews and private and public camera data all can play a role in the way a case moves forward.
“Often, detailed laboratory analysis is required," Holihan said. "Frequently, court-authorized search warrants are essential."
The most important thing is following where the evidence leads, and collection of that evidence begins the moment investigators are called to a scene, he said.
“When a fatal [or] serious crash occurs, police will notify a prosecutor who either goes on the scene or is on-call to advise police in conducting their investigation, a critical step in helping properly preserve and collect evidence,” Holihan said.
If investigators suspect a crime occurred, the steps taken from that point could vary in any number of ways.
“Law enforcement must make sure the vehicles involved have no mechanical issues or other vehicle modifications that may have been contributing factors to the crash,” Holihan said.
“Many vehicles now also have devices that collect information about the vehicle’s speed and other factors just prior to the crash. These devices must also be analyzed, sometimes by the vehicle’s manufacturer, to provide us with data.”
In addition, police not only canvas the area where the crash occurred to interview witnesses, but also work to trace the vehicle’s path prior to the crash.
“Those investigators must also determine whether residential, business or municipal cameras may have captured the crash or document the vehicle’s approach before the crash.
“Cellphones also are collected when appropriate and analyzed to determine whether a driver or drivers were texting or using them prior to the crash,” Holihan said.
More data, more evidence
Imagine a crash scene where investigators must respond in a downpour, a snow squall or during widespread dense fog.
Holihan said a study must be conducted — sometimes more than one — to determine visibility and speed.
“That study is conducted to closely match the weather conditions and time [of day] to determine if that may have played a role in a crash,” he said.
Other factors also are considered.
“If drugs and/or alcohol are thought to be a factor, we await those findings through toxicology or other reports," Holihan said.
"Depending on the substances thought to have been used, those test results may take weeks or months to obtain."
Additionally, a peer-to-peer review also is obtained to compare and contrast data and evidence collected, which may include videos and witness statements.
All of it helps create a complete picture of what occurred leading up to the crash, especially with so many responding agencies and investigators working on separate pieces of the puzzle.
The important thing is that the puzzle comes together, even if it takes time.
“Trying to predict what investigatory methods will be required in each case is impossible,” Holihan said.
What’s more, the district attorney’s office has a multitude of cases at one time under various stages of investigation. As each one plays out, the goal is to make sure that when charges are warranted, they fit the crime.
“Certain cases are resolved within hours or days. Some cases are never resolved,” Holihan said, pointing to arrests made within minutes (the Dominican festival shooting in Allentown) and other arrests decades after the incident (Michael Breisch in the cold case murder of Rose Hnath).
“Motor vehicle fatalities are no different,” he said.
“We follow where the evidence leads and we do what we think is necessary to reach the correct conclusion.”
Where do cases stand?
LehighValleyNews.com asked the Lehigh County District Attorney’s Office for updates on a number of crashes involving pedestrian fatalities in Allentown dating back to October 2023.
They included:
- The death of Elian Makdsi, Oct. 19, 2023, in a hit and run on Union Blvd in Allentown.
- The deaths of Christopher E. Stocker and Luz Daneza Ruiz Acosta, who were both hit by a car in the 300 block of West Hamilton St in Allentown and died from their injuries Dec. 2023.
- The deaths of Frank R. Wyant and Marcella A. Wyant, fatally struck near West Chew and North Main Streets in Allentown in early May of this year.
The DA declined to provide updates on those cases and would only say investigations are ongoing.
