On March 22, 2006, Penn State professor and avid bicycle commuter Dr. Bohdan T. Kulakowski was killed when a van driven by Thomas B. Fry struck him after swerving nearly five feet onto the road shoulder. It was subsequently revealed that Fry had been legally blind but continued to drive since at least 1980 against the orders of his eye doctors and despite at least one near-miss incident involving a firefighter directing traffic whom Fry did not see standing on the road. Five weeks after killing Dr. Kulakowski, Mr. Fry rear-ended a car stopped at a red light, sending the driver to the hospital. Centre County District Attorney Michael Madeira has now reached a plea agreement with Mr. Fry allowing him to avoid jail time while pleading guilty to vehicular homicide, a crime which usually brings a jail sentence. Under the agreement, Mr. Fry would spend nine months at home detention with an ankle bracelet monitor, and would serve five years probation. It has not been reported if the plea includes Mr. Fry’s permanent loss of driving privileges. If accepted by the judge, this plea bargain will send the message that killing someone by operating a motor vehicle in an illegal and unsafe manner is not a serious offense and that the life of a bicyclist on our roads is worth no more than a few months of home confinement.

The sentencing hearing in this case is scheduled for March 27.  Mr. Madeira could abandon the plea agreement or the judge could decide not to accept it, but these outcomes are unlikely unless it is made clear that such a light sentence is not acceptable to the community. A call for jail time in this case is a call for our safety and for justice, not a call for revenge. It also serves as a warning to other motorists who jeopardize community safety by driving with known impairments.  Letters to the Centre Daily Times, the DA, and the judge could change the outcome of this case and send the message that the safety of our community is important. The same letter could be sent to all of them. We have included contact information and addresses for Mr. Madeira, Judge Brown, the DA’s victim advocate, and the CDT below. We have also included more information about the case. When you send your letters, please also send Paul Simpson a copy so the coalition can gauge the impact of our effort. Note that the CDT has a 250 word limit on letters for publication. When you e-mail your letter to the CDT, put “Letter for publication” as the subject line. It is important to get a copy of your letter to all the parties listed below. If, for some reason, you are only able to send one letter, please send it to Judge Brown asking that he not accept the plea agreement and that Mr. Fry’s sentence include time in jail. Thank you for your help with this important matter. Please contact Paul Simpson (867-4266, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) if you have questions.
 

Case information:

• Dr. Kulakowski’s family members vigorously oppose the plea agreement and feel that justice will not be served by home confinement.
• Mr. Fry has been legally blind since at least 1980 as verified by information from his eye doctors and from disability claim forms he submitted.
• One of Mr. Fry’s eye doctors has told police investigators that he told Mr. Fry he was “legally unable to drive” well before he hit Dr. Kulakowski.
• Mr. Fry was nearly five feet off the road when he hit Dr. Kulakowski.
• Mr. Fry was 200 feet past the point of impact before he applied his brakes.
• Mr. Fry initially claimed Dr. Kulakowski had swerved in front of his van. When this was contradicted by witnesses, he claimed he did not see Kulakowski. He told police at the scene he had taken his eyes off the road to reach for a soda can.
• Mr. Fry continued to drive after killing Dr. Kulakowski. Five weeks later, he rear-ended a car stopped at a red light, sending the driver to the hospital.
• Several weeks after killing Dr. Kulakowski, Mr. Fry was told by the judge in the case not to drive.
•  Mr. Fry has never surrendered his driver’s license.
• On Sept. 16, 2003, Mr. Fry crashed through several road cones and a road flare on U.S. 322 at a hazardous materials spill, nearly striking a firefighter directing traffic.

Judge Charles C Brown
Centre County Courthouse
Bellefonte, PA 16823-1488

Michael T. Madeira, District Attorney
Centre County Courthouse
Bellefonte, PA 16823-1488
Tel: 814-355-6735
FAX¨814-355-6756

Letters to the Editor
Centre Daily Times
PO Box 89
State College, PA 16804
FAX: 814-238-1811

Susan Steinberg
Victim Advocate
Centre County District Attorney
Centre County Courthouse
Bellefonte, PA 16823-1488