Peterman

The parents of an Altoona man killed in a motorcycle crash last year have filed a private criminal complaint against another motorcyclist, charged with traffic citations, who they believe caused their son to wreck.

“We’re not happy with the charges that were filed,” said Tammy Peterman, mother of Zachary “Zach” Peterman, 27, who died June 1 when he lost control of his motorcycle on South Eagle Valley Road, just north of Tyrone, in Northwood, Snyder Township.

At issue are the actions of the other motorcyclist — 63-year-old Brad Confer of Tyrone — at the time of Zach Peterman’s crash. Confer and Zach Peterman were not just two random motorcyclists who encountered each other that day on the road.

Zach Peterman and Confer’s daughter had been engaged, but had broken up a few days before the crash. The Petermans said their son and Confer also shared a mutual dislike of each other.

According to the state police crash report, Confer told troopers he was at the traffic light at Pennsylvania Avenue and 14th Street in Tyrone when he heard revving engines and yelling behind him.

He spotted Peterman and another motorcyclist, and all three motorcyclists traveled north on Pennsylvania Avenue and out of Tyrone, where the road becomes South Eagle Valley Road.

Confer reportedly told state police that Zach Peterman passed him on the double-yellow line and then brake checked and swerved in front of him. Confer said he then passed Zach Peterman along the right fog line and saw him “for a short period of time in his left mirror and then he was gone,” the report noted.

Denies making contact

Confer said he turned around and came back and encountered the crash scene. State police said Confer denied making contact with Zach Peterman’s motorcycle and he said he was trying to get away from him. A check of Confer’s Harley-Davidson showed no marks or evidence that Confer’s bike made contact with Peterman’s Suzuki GSXR 600, state police pointed out in the charges.

The report said Zach Peterman’s friend told state police that day that when they encountered Confer at the red light, Confer “flipped them off” and revved his engine. Zach Peterman and his friend were communicating via Bluetooth headsets, and he said he heard Zach Peterman say he was going to pass Confer. The friend told state police he saw Zach Peterman pass Confer on the double yellow line and that Confer swerved toward him all the way into the opposite lane, as well. The friend told state police Zach Peterman and Confer sped up and disappeared over a hill, but when he caught up, he saw Zach Peterman had crashed on a slight curve in the road.

The friend told state police that both Zach Peterman and Confer passed a vehicle that had been in front of them and that he stayed behind it, although he didn’t know where that vehicle had gone after the crash. State police noted in the report both motorcyclists were traveling at a high rate of speed. The road has a posted speed limit of 40 mph.

Other witnesses, including people who live along that stretch of road where Shorb Street meets South Eagle Valley Road in Northwood, told police they heard what sounded like motorcycles coming down the road at a fast speed. Although several witnesses, including a mail carrier who was pulled over, saw Zach Peterman and his motorcycle sliding on the road, state police said no one witnessed what happened when Confer passed Zach Peterman or the moments when Zach lost control and slid into the guardrail as his bike continued its slide further down the road, according to the report.

Two citations issued

State police charged Confer on Dec. 31 with two traffic citations — speeding and careless driving. He pleaded not guilty, and a summary trial was scheduled for Feb. 12 in District Court.

Timothy Peterman, believes the two traffic citations are not nearly enough for the death of his son. The Petermans indicated state police explained to them that their son illegally passed Confer when he crossed into the opposite lane but Confer’s passing of Zach Peterman was legal because motorcycles can pass other motorcycles in the same lane. It was just a tragic accident, something state police and Blair County District Attorney Richard Consiglio have told them.

Even before the traffic tickets were filed, earlier in December, the Petermans filed a private criminal complaint before Magisterial District Judge Fred Miller in Tyrone District Court.

In their private criminal complaint, they allege Confer should be charged with felony vehicular homicide and misdemeanor recklessly endangering another person, along with summary charges of reckless driving, speeding and overtaking a vehicle on the right.

To the Petermans, this was a road rage incident and they want Confer to be held responsible for actions they believe led to the death of their son.

DA must approve charges

In Pennsylvania, someone can file a private criminal complaint against another person, but any alleged offense above a summary charge — such as misdemeanors and felonies — must be approved by the county’s district attorney.

At the start of the scheduled summary trial on Feb. 12, Judge Miller addressed the matter of the private criminal complaint and asked Assistant District Attorney Jessica Weil about its status.

“As of today’s date and time, I have not heard back from the district attorney or the first assistant district attorney whether that was approved or not,” Judge Miller explained, saying he sent the private criminal complaint to the District Attorney’s Office the day it was filed, Dec. 20.

The judge said because he didn’t know the status of the complaint, he was inclined to continue Confer’s summary trial to a later date.

Weil told the court that she had been made aware of the private criminal complaint earlier that week and spoke to Consiglio about it the morning of the hearing. She told Judge Miller the complaint had not been approved or disapproved and was currently “under review.”

Weil said without having personal knowledge of the contents of the private criminal complaint, she thought it would be best to continue the summary trial to a later date.

Confer’s attorney, Thomas Dickey, told Judge Miller he objected to any delay in holding the summary trial, an objection the judge noted before saying the circumstances presented a unique procedural situation and he was granting the continuance.

After the hearing, the state police accident reconstructionist and the trooper who filed the citations, both seemed unaware of the private criminal complaint as they spoke with the Petermans outside the courtroom.

Objected to delay

Outside the courtroom, Dickey said they were prepared to have a hearing that day and he objected to the delay. “What my client did was justified, under law,” Dickey said of Confer. “I’m not going to get into any more than that.”

Dickey said Confer fully cooperated with the state police and spoke to troopers several times over the course of the investigation.

“This is just an unfortunate occurrence, but not every accident or incident that results in a death justifies criminal charges,” Dickey said. “We’re prepared to defend against both citations.”

Dickey repeated what he told the court, that he only learned of the private criminal complaint earlier that morning. Dickey said he was trying to get a copy of the complaint to read over the allegations and noted the state police investigation of the crash.

“Obviously, the state police — they didn’t rush this investigation,” Dickey said, adding the state police conducted an accident reconstruction and didn’t believe any felony or misdemeanor charges were warranted.

The Petermans, who attended the Feb. 12 court proceedings, said they’re frustrated and upset by the way the case has been handled and only want the charges to reflect the facts of the case.

Family devastated

Tammy Peterman said she was told, “It just looks like a tragic accident” in their first meeting with prosecutors at the District Attorney’s Office. She added Consiglio came across as cold and callous when he told her, “You realize, ma’am, you’re going to have to get over this.”

Consiglio did not respond to requests for comment on the case.

“It’s devastated our family,” she said as she and her husband stood near the cross the Petermans erected along the side of the road in Northwood.

“He had the kindest heart,” Tammy Peterman said. “His whole life was about his family.” He was not just their son, but also a grandson and a brother to his siblings Erica and Jared, as well as an uncle.

Timothy Peterman recalled how he was an experienced motorcyclist and was outdoorsy.

“He loved to hunt and fish,” Timothy Peterman said. He was also his carpool partner as they both worked at Penn State’s University Park.

Zachary Peterman, who earned a degree in electromechanical engineering from Penn State, was working for the Office of Physical Plant as a reliability planner.

“It’s hard riding to work without him,” Timothy Peterman said.

Despite the delays and setbacks, they will continue to fight for their son and seek the justice they believe he deserves.

“At the end of the day, we have to know we did everything we could for him because his voice was stolen,” Tammy Peterman said.

Confer’s summary trial for the two traffic citations is slated for April 30 in Tyrone District Court.

Mirror Staff Writer Greg Bock is at 946-7458.