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Winfield teen may be tried as an adult

Liz Hayes
| Friday, April 25, 2003 4:00 a.m.
A Winfield teen who turns 17 next week could be charged as an adult in the death of 6-year-old Jacob Lehnerd, who died as a result of a traffic accident last month. The Butler County District Attorney's office has filed a petition requesting Cody Wayne Clarke be tried as an adult. President Judge William Doerr will decide the issue May 2. Clarke is charged with vehicular homicide while driving drunk, aggravated assault by vehicle while driving drunk, drunken driving and four summary traffic violations. Clarke appeared Thursday afternoon before Juvenile Court Master Joseph Brydon for an adjudication conference, during which Clarke was to admit to or deny the charges against him. Assistant District Attorney Jerry Cassady suggested Clarke's hearing be postponed pending Judge Doerr's decision. "The adjudication conference is moot until there's a decision to transfer," Cassady said. Although Clarke's attorney, Mike Pawk, argued the conference should proceed because a transfer has not yet been granted, Brydon said Clarke will not be asked to enter an admission or denial of the charges until it's decided which court will handle his case. Clarke will remain under house arrest. Clarke wears an electronic monitoring device and only leaves his parents' custody to meet daily with a probation officer from Knoch High School, where he is a junior. He also was ordered to give up his junior driver's license. The 16-year-old was charged after he crashed into the sport utility vehicle driven by Lehnerd's mother, Tracy Lehnerd, 37, of Jefferson Township. The Route 356 accident occurred near Marwood Road at 11:15 p.m. March 29. Jacob Lehnerd, who reportedly was wearing a child safety seat, died a day later in Children's Hospital of Pittsburgh, Oakland, from injuries sustained in the crash. His mother also was injured, but his father and 1-year-old brother, who were passengers in the SUV, were not reported injured. Clarke allegedly was drinking vodka and whiskey with two other teens and a Penn Township man before the accident. The three teenagers allegedly gave the man money to buy the liquor and then drank it at his township home. Clarke reportedly had a blood-alcohol content of 0.097 percent, nearly five times the legal driving limit of 0.02 percent for juveniles. Adults are considered too intoxicated to drive with a blood-alcohol content over 0.10 percent. Clarke was barely under that, according to court documents. The Penn Township man, Nathan J. Gammell, 24, of Blackthorn Road, is charged with providing minors with alcohol and corruption of a minor. Gammell faces a preliminary hearing before Saxonburg District Justice Sue Haggerty.


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