A preliminary hearing for a Bradford man accused of running over a child while driving under the influence of drugs in September has been scheduled for next week.
Zachery L. Weaver, 37, of 63 Belleview Ave., is charged with aggravated assault by vehicle while DUI, a second-degree felony; DUI controlled substance and driving without a license.
According to the criminal complaint, at 11:29 a.m. Sept. 2, Bradford City Police were dispatched to the area of 51 Belleview Ave. for a report of a child hit by a vehicle.
Upon arrival, the officer saw the 10-year-old child lying in the roadway, and the child’s mother beside him. The child had an “obvious compound leg fracture,” as well as “road rash” on his arms and legs, the complaint read. The child was next to his scooter and helmet.
The child was taken from the scene by ambulance. Police spoke to the driver, Weaver, who said he was driving down the street heading home when the child “crashed on his scooter and he ran him over,” the complaint stated.
Weaver told police he was traveling about 15 mph, heading north on Belleview Avenue when the child was heading south. He said “the child began to wobble on the scooter and then crashed. Weaver then pulled over and called 911,” the complaint read.
While police were speaking to Weaver, they smelled alcohol. He told them it was from the night before. They asked him to perform field sobriety tests, during which he showed signs of impairment, the complaint alleged. He said he had not taken any drugs, but declined consent for a blood draw. He was taken into custody and police obtained a warrant for a blood draw.
Officers said his blood was positive for ethanol, amphetamine, hydrocodone, oxycodone and oxymorphone.
The child’s injuries were “an open right fracture of his tibia and fibula and bruising on his body,” the complaint read.
Police filed charges when the blood tests came back from the lab. Weaver was arraigned Oct. 30 before District Judge Dom Cercone and released on $5,000 unsecured bail.
He is scheduled for a preliminary hearing at 9 a.m. Wednesday before Cercone. The online court docket indicates he is represented by Duke Center attorney Kyle Milliron.
