...(TC A man whose car struck two joggers, killing one, after he apparently fell asleep at the wheel was charged yesterday with two traffic violations, authorities said.
The charges of failure to exercise due care to avoid a pedestrian and negligent driving, which come under state transportation laws, are payable offenses if the driver chooses not to stand trial, according to police.
Negligent driving carries a $105 penalty and the other charge carries a $40 penalty.
Officers, who conferred with the state attorney's office before filing the charges, said there was no evidence of drug or alcohol use in the accident they caused the death of Terence Burk and the critical injury of David Herlocker on Aug. 10.
Police said Robert D. Andrews, 19, an employee of Sheetz in Westminster, had worked from 7:30 a.m. to 4:30 p.m. Aug. 9, and volunteered to work at the Gettysburg store from 10 p.m to 6 a.m. Aug 10. Police said he was returning to his home when his 1990 Chevrolet ran off Route 97 at Kalten Road.
Mr. Burk, 48, the owner of the Treat Shop at Cranberry Mall, died at 3:15 p.m. of multiple injuries. Mr. Herlocker, a professor at Western Maryland College, was one of the original members of the Westminster Road Runners Club. His condition was serious and stable at the Maryland Shock Trauma Center in Baltimore yesterday.
