Gerbino

Gerbino

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<p>DenDulk</p>

DenDulk

WILKES-BARRE — A Sugarloaf Township man will spend two to four years in state prison after pleading guilty to vehicular homicide related to the death of a construction worker on Interstate 81 last year.

Zachary Joseph Gerbino, 28, was charged by state police at Hazleton with striking Kevin DenDulk, 30, of Limerick, in a construction zone on the interstate in Hazle Township on Aug. 1.

DenDulk, part of the construction crew, was pronounced dead at the scene.

State police said Gerbino fled the scene in his vehicle, a 2005 Hyundai Accent.

Court documents say a video surveillance camera from 4th Street Pub in West Hazleton helped identify Gerbino, who was seen at the bar prior to the fatal crash.

Gerbino’s vehicle was in the process of being disassembled when it was found at his residence, court records say.

Gerbino was scheduled for a jury trial Monday before Luzerne County President Judge Michael T. Vough.

Instead, a plea agreement was reached resulting in Gerbino pleading guilty to homicide by vehicle, driving under the influence, reckless driving and failed to yield in a construction zone.

Prosecutors added the vehicular homicide charge in exchange for withdrawing a charge of accidents involving death. The DUI charge was also added to the plea agreement despite Gerbino not being tested within the required time after a crash.

A charge of tampering with evidence was withdrawn.

Vough agreed to the recommended sentenced reached between Assistant District Attorney Carl Frank and Gerbino’s attorney, Theron Solomon, sending Gerbino to state prison for two to four years and one year probation.

A civil lawsuit filed against Gerbino on behalf of DenDulk’s estate and family alleges he consumed multiple alcoholic beverages at the 4th Street Pub before the fatal accident.

The suit, filed by attorneys Neil T. O’Donnell and Gerald W. Gaughan, says Gerbino crossed into the non-travel lane in a work zone at an unsafe speed and struck DenDulk, who was thrown 30 feet from the point of impact.