Driver loses appeal in fatality Additional sentence in fatal accident.

December 18, 1991|By Meredith Schlow | Meredith Schlow,Evening Sun Staff

A Bowleys Quarters man gambled, and lost, in his appeal of four traffic offense convictions related to an incident in which his car struck and killed a pedestrian last summer.

Judge John G. Turnbull 2nd yesterday sentenced Lester Franklin Wagner, 39, of Bowleys Quarters, to an additional eight months in prison, on top of a sentence of two years and four months he had already received last October in Baltimore County District Court.

He was convicted and originally sentenced in District Court for failure to stop at the scene of an accident that resulted in a fatality, failure to render assistance, driving on a suspended license and driving on a revoked license.

The accident occurred Aug. 19 when a car Wagner was operating struck Ava Mae Marr, who was walking in the eastbound lane of Eastern Boulevard near Stevens Road. Marr, 42, of Middle River, died the next day in the Shock-Trauma Unit in Baltimore.

Wagner drove a couple of blocks after the accident, pulled into a convenience store and made a phone call. "I just run over somebody," a witness heard him say into the phone.

At the time, Wagner was serving the last year of three years' probation for two December 1988 drunken driving convictions, according to Howard Merker, a deputy county state's attorney. Wagner was not permitted to drive a car during that period.

At the time of the fatality, Wagner also had license suspensions in Virginia and Florida.

A District Court judge was unable to sentence him for violating the terms of his probation because he received that from Circuit Court, Merker said. When Wagner appealed the sentence to Circuit Court, it enabled Turnbull to increase the sentence for that violation, he said.

Police work led to the arrest of Wagner in September.

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