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Judge jails ex-teacher on bail violationMan accused of vehicular homicide tests positive for alcohol useNovember 17, 2009 - By Kay Stephens, kstephens@altoonamirror.comHOLLIDAYSBURG - A former school teacher charged with vehicular homicide will be in Blair County Prison while awaiting trial. Blair County Judge Daniel Milliron revoked Martin Wimer's bail Monday after hearing testimony that Wimer tested positive for alcohol use - a bail violation. Wimer had been free on $100,000 unsecured bail. Wimer, 50, of Hollidaysburg is accused of being under the influence of alcohol during a Sept. 27, 2008, crash on Frankstown Road that killed Judy Wills, 67, of Flinton, who was on the way to visit her grandchildren. Wimer's attorney, James Huff, said his client would not contest being sent to prison if prosecutors would not seek bail forfeiture, requiring Wimer to come up with $100,000. "I'm not looking to keep Mr. Wimer's money," Milliron said. "I look at this as a safety issue." The family members of Judy Wills agreed. "On behalf of the family, we're just happy that he's off the road," said Wills' son-in-law, Mike Dongell. "It's safer knowing that he's not on the road because he still has a driver's license." Judge Hiram Carpenter, who learned in late September that state police had evidence of Wimer purchasing alcohol, clarified in an Oct. 26 order that Wimer could neither purchase nor consume alcohol. Since that order, Wimer has been checking into the county Adult Parole and Probation office twice a week for testing, Co-chief Tom Shea said. Carpenter was not available Monday to hear that the results of last week's test were positive, so arrangements were made for Milliron to consider the matter. Shea also told Milliron that when Wimer reported Monday for his testing, he indicated he would again test positive. Wimer, who used to teach English for the Hollidaysburg Area School District, is scheduled to go to trial next year. But before a court date is set, Carpenter needs to issue a ruling concerning the alcohol-related charges in connection with the crash. Huff asked that all alcohol-related charges against Wimer be dismissed because prosecutors, at Wimer's preliminary hearing, never entered the results of the blood-alcohol test. A test showed Wimer's blood-alcohol level was 0.221 percent, based on police reports. Huff submitted that request about six weeks ago. Carpenter is presiding over a civil court case this week. Mirror Staff Writer Kay Stephens is at 946-7456. |
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