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Posted April 22, 2013 | comments Leave a comment

No charges against driver in fatal collision with pedestrian

By Joe Beck

The Frederick County Commonwealth's Attorney office has decided no charges will be filed in what it described as the accidental death of pedestrian Gary Wayne Baker on North Frederick Pike on Feb. 10.

The decision came at the conclusion of a two-month investigation conducted by the Virginia State Police and other law enforcement agencies.

A news release issued by the Commonwealth's Attorney office Monday said "there is no evidence upon which to base any criminal or traffic charges related to the accidental death of Gary Wayne Baker."

Authorities said an eyewitness saw Baker walking in the roadway of North Frederick Pike at about 7:15 p.m. near Fortress Drive. The witness said he was wearing dark clothing and was hard to see in the darkness.

A northbound 2003 Suburu station wagon driven by Catherine Terzian, 35, of Winchester, struck Baker about 15 minutes later as he was walking near the intersection of North Frederick Pike and Paw Paw Court, according to authorities. He was pronounced dead at the scene.

Prosecutors said Terzian remained at the scene as she was required to do by state law, cooperated with the investigation and voluntarily submitted to a blood test, which showed no intoxicating drugs or alcohol in her body.

The Office of the Chief Medical Examiner ruled Baker's death accidental and identified the cause of death as "blunt force trauma to the head, chest and lower extremity," according to the news release.

Authorities said Baker's blood alcohol concentration was 0.07 at the time of the accident.

In an interview Monday, Assistant Commonwealth's Attorney Andrew M. Robbins said state police could not find a permanent address for Baker and made no determination about where he was coming from or his destination at the time of the accident.

The vehicle's speed did not appear to be a factor, Robbins said.

"We have no evidence of excessive speed beyond the posted limit" at the time of impact, Robbins said.

Contact staff writer Joe Beck at 540-465-5137 ext. 142, or jbeck@nvdaily.com

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