Plumsteadville Fire Co. volunteer firefighter Joseph Kay, 35, of Hilltown, was killed in the June 2 crash.
All charges – including felony counts of vehicular homicide while DUI and vehicular homicide, and misdemeanor involuntary manslaughter – were held after a preliminary hearing Thursday for county trial against a Perkasie man who is accused of killing a Plumsteadville Fire Company volunteer firefighter in a crash after fleeing from a traffic stop in June.
Colin John Wahlers, 25, is also charged with fleeing or attempting to elude police, DUI-general impairment, DUI at the highest rate, recklessly endangering another person, and summary offenses of reckless driving, driving at unsafe speeds, disregarding traffic lanes, driving an unregistered vehicle, and duties at stop sign, per court documents.
According to the Bucks County District Attorney’s Office, three law enforcement officers testified at the hearing before Magisterial District Judge Regina Armitage in a packed courtroom.
Joseph Kay, 35, of Hilltown Township, was killed in the June 2 crash at Green Street and Rickert Road. He was a passenger in a sidecar of a Polaris Ranger side-by-side vehicle, driven by Wahlers, police allege.
Wahlers's formal arraignment in Bucks County Common Pleas Court is scheduled for Nov. 15.
Just after midnight on the early morning hours of June 2, police said that, while conducting a patrol at Route 152 and Hilltown Pike, they heard a vehicle and observed headlights traveling eastbound on Mill Road, approaching the stop sign at Route 152.
According to reports, the vehicle was later identified as a 2019 Polaris Ranger side-by-side multipurpose, off-highway utility vehicle.
Police said that the Polaris Ranger continued through the stop sign, crossing diagonally over both north and south lanes of Route 152 before entering a grassy area on the north side of Crossroads Tavern. According to reports, Wahlers circled the tavern, then exited the parking lot, driving into the southbound lanes of Hilltown Pike without stopping or seeking clear traffic.
Police said that Wahlers drove up to the stop sign of Hilltown Pike and Route 152, going through the intersection without coming to a complete stop. The vehicle then continued north on Route 152, making a left turn onto Mill Road, where it continued, traveling away from 152.
Per reports, Hilltown Police pulled onto Route 152 and sat in northbound lanes of Route 152 and Mill Road, continuing to monitor the MOHUV as it went westbound on Mill.
Police described the vehicle as “weaving in the center of the roadway” on Mill Road, at one time, leaving the road and entering the lawn of home, leaving lawn damages.
Hilltown Police said they turned on lights and a siren to initiate a traffic stop of the vehicle in the 1800 block of Mill Road, following the MOHUV as it slowed but did not stop at the intersections of Mill Road and Green Street.
Police then observed, per reports, that the vehicle did not have a registration plate affixed to it. Police continued to follow and observe the vehicle swerving over double lines and over the fog line multiple times, according to the criminal complaint.
Speeds, police said, reached 69 miles per hour as Wahlers maintained one car-length ahead of police. Posted speed limits for Green Street are 40 mph.
Police said they had “concerns of possible impairment and the driver’s ability to safely operate the vehicle,” according to a June press release from the Bucks County District Attorney’s Office.
By nearly 1 a.m., the MOHUV attempted to turn right onto Ricket Road, braking, but taking the turn too quickly, according to police.
The vehicle then began to flip onto the driver’s side, completing a three-quarter barrel roll, according to reports.
The vehicle landed on its passenger side, coming to a rest in the grassy area of the 700 block of Green Street. Police said a “Surfside alcoholic beverage can” was thrown from the vehicle as it rolled.
Both occupants of the vehicle were ejected during the flip, police said, adding that Kay fell out first, and then Wahlers on top of him. Kay did not move and “had an obvious head injury,” according to reports. Wahlers then got up and attempted to speak to Kay who was unresponsive, police said. Kay was pronounced dead at the scene.
Police said Wahlers stated “Hell of a way to end a Saturday night,” as police requested EMS to the scene. Wahlers denied medical attention.
Police said that they observed a strong odor of alcohol on Wahlers’ breath and said his eyes were “watery and bloodshot in appearance.” Police added that he was slurring his speech as he spoke and did not know the time.
Wahlers admitted to consuming “four drinks,” specifically the Surfside beverages, prior to driving, police said, but later said it was five or six. He was tested, per police, using the Horizontal Gaze Nystagmus (HGN) test, scoring six out of six potential clues of impairment.
A chemical test of his blood near 2:12 a.m. put his blood alcohol content (BAC) at a 0.195%.
Wahlers said that he and Kay were drinking at his farm on West Creamery Road before going to Crossroads Tavern, telling police “We were out joyriding, and ended up having one of my good friends dying.”
An autopsy on June 5 listed Kay’s cause of death as blunt force trauma to the head.
On June 17, a mechanical inspection of the MOHUV was completed via search warrant. It was determined that it had no mechanical defects that would have been a factor in causation of the crash. Warning labels found on the vehicle noted that seatbelts were to be worn, and that no operator should be under the influence of drugs or alcohol.
Later crash reconstruction completed by the Bucks County District Attorney’s Office Homicide by Vehicle Unit and the Plumstead Township Police Department determined that the MOHUV is designed not to operate over 15 miles per hour unless the driver’s side seatbelt is fastened. Wahlers had avoided the safety feature by fastening the seat belt behind him in order to drive the vehicle, police said.
This case was investigated by the Hilltown Township Police Department, the Plumstead Township Police Department and the Bucks County District Attorney's Office Homicide by Vehicle Unit.
This case is assigned for prosecution to Assistant District Attorney Andrew Bukowski.
All suspects and defendants are innocent until proven guilty. This story was compiled using public court records.
