HUDSON – Assistant District Attorney Richard Holloway said a Hickory woman may be charged with misdemeanor death by vehicle in connection to a crash last Saturday evening in Hudson that claimed the life of David Malcolm Burkhart, 54, of Lenoir.
Sgt. R.C. Blevins of the Hudson Police Department stated that, according to statements of witnesses, that Carla Anne Kazmierski, 18, allegedly ran a red light at the intersection of Hickory Boulevard and Mount Herman Road, causing the accident.
“The Hudson Police Department has recommended to the District Attorney’s office that Ms. Kazmierski be charged,” stated Blevins.
Blevins stated that David Burkhart’s 2001 Toyota sedan stopped for a red light and, when the light turned green, the car proceeded west on Mount Herman Road. Before it crossed the intersection, the sedan was struck broadside by Kazmierski’s 2000 Chevrolet pickup, which was traveling north on Hickory Boulevard.
The pickup struck the car in the driver’s side door where David Burkhart was seated. In addition to the fatality, a passenger in the car, Loretta Burkhart, 41, of Lenoir, was seriously injured in the accident. She was admitted to Frye Regional Medical Center in Hickory and was reported to be in stable condition on Monday.
Neither Kazmierski nor her teen-age female passenger were injured in the accident.
Blevins stated the everyone involved in the accident was wearing a seat belt prior the collision.
Holloway, who as of Wednesday had not yet reviewed the evidence in the case, said Kazmierski could be convicted of misdemeanor death by vehicle if it can be shown that she was responsible for the accident that killed David Burkhart.
Depending on the defendant’s criminal record, misdemeanor death by vehicle is an offense punishable by up to 150 days imprisonment.
But typically, when the defendant has no criminal record, the court usually orders a person convicted of this offense to serve a community punishment, probation and community service, Holloway said.