COURT HOUSE – An Upper Township woman indicted for texting before a fatal motor vehicle accident last year, pleaded not guilty June 4, according to the Press of Atlantic City.
According to the indictment, Mihaela Reilly’s “reckless driving caused the death of David Loder.” Along with the count of death by auto, second degree, Reilly, 25, of Seaville, is charged with violation of the law to “protect public health and safety,” second degree.
Loder, 76, was walking near his home in Shore Acres, a mobile-home park, July 21, 2014, when struck by Reilly’s auto headed north on Route 9. The Seaville Volunteer Fire and Rescue Company, Upper Township Rescue Squad and state police all responded at approximately 7 p.m.
Loder was crossing Route 9 at Evergreen Drive when he was struck.
The allegation is that Reilly was distracted from driving because she was attempting to text when her black Ford Focus hit Loder.
According to the Press of Atlantic City, John Tumelty, Reilly’s attorney, told Superior Court Judge John Porto he was preparing a motion to dismiss the indictment. Tumelty previously said Reilly was not using her cellphone when the accident happened. Porto gave Tumelty until July 30 to collect more evidence. Tumelty told the court he hired a crash-reconstruction expert. The defense also plans to examine witness statements collected by State Police in the Woodbine barracks, which patrols Upper Township.
Reilly could face a sentence of up to 10 years if convicted on both counts.
The individual is only charged with the offenses and is presumed innocent until proven guilty.
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