A 25-year-old man was heavily intoxicated when he fled from a Hilltown Township police officer in June, leading to a crash that claimed the life of his passenger, a former volunteer firefighter.
Colin John Wahlers, of Perkasie, was arraigned Friday, August 2, 2024, on charges of homicide by vehicle while DUI, homicide by vehicle, fleeing or attempting to elude police, involuntary manslaughter, driving under the influence-general impairment, driving under the influence-highest rate, and recklessly endangering another person.
He was also charged with five summary traffic offenses: reckless driving, driving at unsafe speeds, disregarding traffic lanes, driving an unregistered vehicle, and duties at stop sign.
Joseph Kay, 35, of Hilltown Township was killed in the June 2 crash at Green Street and Rickert Road. Kay was the passenger in a Polaris Ranger side-by-side vehicle operated by Wahlers, who was fleeing a traffic stop when he crashed. Kay had been a volunteer firefighter for the Plumsteadville Fire Company.
The investigation found that Wahlers performed poorly on a field sobriety test at the scene and blood tests later revealed that his blood-alcohol content was 0.195 percent, more than twice the legal limit to operate a vehicle.
Wahlers was arraigned by Magisterial District Judge Regina Armitage on Friday and was released after posting $75,000 bail, 10 percent.
Just before 1 a.m. on June 2, Hilltown Township Officer Kevin Godfrey was on stationary patrol when he spotted an unregistered Polaris Ranger, a multipurpose off-highway utility vehicle, at the intersection of Route 152 and Hilltown Pike.
Godfrey observed the vehicle drive over a grassy area and fail to come to a complete stop at a stop sign. He followed the vehicle down Mill Road and saw it veer partially off the road in the 1900 block of Mill Road. He attempted to initiate a traffic stop with concerns of possible impairment and the driver’s ability to safely operate the vehicle.
The driver, later identified as Wahlers, began to slow down at a stop sign on Mill Road and Green Street, but then turned right onto Green Street and accelerated. As he fled, Wahlers crossed over the center lines twice and reached maximum speeds of over 65 miles per hour in a 40 mile per hour zone.
When the vehicle approached Rickert Road, the driver activated the brakes and attempted to make a right turn while traveling at a high rate of speed, but lost control and flipped the vehicle.
Both occupants were partially ejected in the roll-over crash. An alcoholic beverage can was also thrown from the vehicle during the rollover.
After the ejection, the passenger did not move and had an obvious head injury. Wahlers got up and attempted to speak with the passenger, who appeared unresponsive.
Godfrey rendered medical aid to the passenger, who was later identified as Joseph Kay, and requested EMS to respond, however Kay was pronounced dead at the scene. The Bucks County Coroner’s Office later ruled that Kay’s cause of death was blunt force trauma.
Wahlers complained of pain at the scene but refused medical treatment. Godfrey detected a strong odor of alcoholic beverage on his breath and observed that his eyes were watery and bloodshot in appearance and his speech was slurred. Blood tests revealed his high level of intoxication.
The investigation included an inspection of the vehicle, which found no mechanical defects that would have been a factor in the crash. A warning label on the vehicle’s sun visor was found that contained instructions for operating the vehicle, including to operate with the seat belts fastened, to not operate the vehicle on paved surfaces, to slow down before entering a turn, and to not operate after consuming alcohol or drugs.
A crash reconstruction determined that Wahlers was driving 67.47 miles per hour in the 900 block of Green Street, which has a speed limit of 40 mph.
This case was investigated by the Hilltown Township Police Department, the Plumstead Township Police Department and the Bucks County District Attorney's Office Homicide by Vehicle Unit.
This case is assigned for prosecution to Assistant District Attorney Andrew Bukowski.
Media Contact: Manuel Gamiz Jr., 215.348.6298, mgamiz@buckscounty.org
Criminal charges are allegations subject to proof in court. Defendants are presumed innocent until proven guilty.