UPDATE Trial ordered in fatal pedestrian crash - WAOW - Newsline 9, Wausau News, Weather, Sports

UPDATE Trial ordered in fatal pedestrian crash

Posted:
WAUSAU (WAOW) - A 47-year-old Merrill man accused of running over an elderly pedestrian and killing him last fall waived his right to a preliminary hearing Wednesday, allowing a judge to order a trial.

Evan Mooney was charged with four felonies, including homicide by a vehicle while under the influence of a controlled substance, homicide by negligent operation of a vehicle, operating a motor vehicle while revoked and operating while intoxicated, at least fifth offense, in the Oct. 28 death of 87-year-old John Diktanas in Rothschild.

By Mooney waiving the preliminary hearing, prosecutors did not have to present enough evidence to convince a judge that the charges were justified.

No date was immediately set for Mooney to enter pleas to the charges, online Marathon County court records said.

Prosecutors say Mooney was under the influence of drugs when he hit Diktanas. Mooney told investigators he took prescription Vicodin and Alprazolam the morning of the crash, the criminal complaint said. He also told investigators that he was affected by late afternoon sun and a cell phone call at the time Diktanas was hit as he walked along a roadway. 

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MARATHON COUNTY (WAOW) – A judge will decide Wednesday if there is enough evidence against a man accused of being high when he hit and killed an elderly pedestrian to send him to trial.

Evan Mooney, 47 of Merrill, has been charged with four felonies, including homicide by vehicle use of controlled substances.

Mooney told investigators he took prescription Vicodin and Alprazolam the morning of the crash.

On October 28, 2013 around 3 p.m., investigators say Mooney hit 87-year-old John Diktanas, who was walking on Whitespire Road, according to court records.

Officials say Diktanas, who lived in the area, died about four hours later at a hospital from injuries he sustained in the crash.

Diktanas was born in Lithuania and was captured by Nazis when he was just 15. He escaped into West Germany before the Berlin Wall was constructed. His daughter opened up to Newsline 9 about his story and the life he left behind. You can see that report by clicking here.

Mooney told authorities he was pulling out of a driveway on the 7300 block of Whitespire Road and, “indicated that the sun was in his eyes and he reached for his sunglasses,” the complaint said.

Court records also said Mooney told investigators his phone rang at the same time and when he looked up, he saw Diktanas and hit him.

The day after the crash, investigators say Mooney told them he had taken prescribed medication the morning of the crash. Officials say they also searched Mooney's phone, which did not show any missed calls or received text messages at the time of the crash.

An analysis of Mooney's blood later showed Diazepam, Hydrocodone, Alprazolam, Clonazepam, Delta-9-tetrahydrocannabinol and Carboxy-THC in his system, court records say.

Mooney's attorney did not immediately return a request for comment.

Court records show his attorney has filed a motion to dismiss one of the charges Mooney is facing. She's also filed a motion to modify his bond.

Mooney is in jail on a $30,000 cash bond.

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