Lehigh County District Attorney Gavin P. Holihan and Whitehall Police Chief Michael Marks announced an Aug. 15 arrest in a fatal crash that occurred in 2024.

Etienne Theagene, 47, of Whitehall, has been charged with homicide by vehicle, a felony of the third degree; involuntary manslaughter, a misdemeanor of the first degree; and summary charges of reckless driving, careless driving (unintentional death), maximum speed limits: 25 mph in a residential district and driving vehicle at safe speed.

Theagene surrendered and was arraigned before Magisterial District Judge Todd Heffelfinger. Theagene is free on $25,000 unsecured bail, and his preliminary hearing is scheduled for 2:30 p.m. Sept. 29.

According to reports, around 6:50 p.m. Dec. 25, 2024, Whitehall Township Police were called to a motor vehicle crash involving a pedestrian at 3245 Water St., an area of the township long known as Darktown. The driver of the vehicle involved was identified as Theagene.

The victim, later identified as Edward Tomcics, was found unconscious on the side of the road. Officers began conducting live-saving measures, but Tomcics was later pronounced dead at an area hospital.

Tomcics, 75, of Whitehall Township, died from blunt force injuries due to pedestrian/ motor vehicle collision and his death was ruled accidental, according to the Lehigh County coroner.

The investigation included a mechanical inspection of Theagene’s vehicle, review of video surveillance footage and a visibility study. That study determined that had Theagene been driving the posted speed limit of 25 mph, he would have had time to see the victim crossing the road.

This case was investigated by Whitehall Township Police Officer Ronald Kester and will be prosecuted by Chief Deputy District Attorney V. Paul Bernardino III.

An Aug. 15 post on the Whitehall Township Facebook page and township website reports there is a temporary closure of Water Street, on the authority of Mayor Joseph Marx Jr. The notification says “engineering and legal concerns have been addressed and notifications to [Pennsylvania Department of Transportation] and other outside agencies have been made.”

Tomcics’ family, friends and Water Street neighbors brought their concerns about the safety of the Darktown area before the Whitehall Township Board of Commissioners Jan. 22. Marx said he would investigate the matter and work toward a solution.

During the Feb. 10 commissioners meeting, Marx mentioned he was considering a temporary road closure until a permanent solution is found. This decision was made after Marx discussed the matter with residents of Darktown, and a petition for the closure received 70% resident approval.

Marx met with the Lehigh Valley Planning Commission, a member of the Local Technical Assistance Program, a traffic consultant and members of the police and fire department to gather more information.

The township’s post about the closure states more information will follow.