Police: Driver on drugs when flagger hit

BY STACI WILSON

Police say a Montrose man was under the influence of a controlled substance last year when he drove through a construction zone and seriously injured a flagger outside of Montrose in November 2015.

Ethan Schumacher, 26, Montrose, turned himself in to police Wednesday, March 30, at the state police barracks in Gibson.

According to the affidavit, Schumacher was traveling south on SR 29, when he struck construction zone flagger Mark Smith of West Nanticoke.

Smith sustained major injuries in the crash including an amputated left lower leg, a skull fracture and several other injuries.

The crash was reconstructed by Cpl. Michael Joyce of the Troop R. C.A.R.S. Unit. The report concluded that Schumacher was driving 56-62 mph at the first evidence of braking; and 36-44 mph when he struck Smith.

One witness told police he saw Smith frantically waving his sign trying to get Schumacher’s Ford Escape to stop. The witness said the vehicle began to skid and was swerving side-to side prior to the impact.

At the impact, Smith went onto the hood and struck the windshield with his head, the witness told police, and Smith was ejected off the vehicle as it was braking, according to the affidavit.

Several other witnesses reported that Schumacher had passed them on SR 29 at a high rate of speed, prior to the crash.

At the scene, Schumacher told police he didn’t see Smith because the sun was in his eyes. He later told police he was taking prescription medication, according to the affidavit.

According to the affidavit, Schumacher’s blood test results tested positive for morphine, marijuana, as well as other drugs.

Schumacher was charged by Tpr. Vito Cusumano with one felony count of aggravated assault by vehicle while DUI; as well as misdemeanor counts of DUI: controlled substance and recklessly endangering another person. Motor vehicle summary charges lodged against him include passing when prohibited, driving at a safe speed, careless driving and reckless driving.

He was arraigned Wednesday afternoon by Magisterial District Judge Suzanne Brainard and released on $75,000 unsecured bail.

A preliminary hearing was set for April 25, 2 p.m., in front of Magisterial District Judge Jeffrey Hollister in Montrose District Court.
Schumacher is represented by Attorney Daniel Mulhern.