Court tosses appeal in ATV death case
A Spring Creek man in prison on involuntary manslaughter charges has had a Superior Court appeal dismissed.
Timothy J. Doerfer, 26, was sentenced by Judge Gregory Hammond last year on charges for his role in the September 2018 ATV crash that claimed the life of a 19-year-old Titusville woman.
According to Pennsylvania State Police, Doerfer was the driver of an ATV on Old Route 77 east of Picadilly Hill Road at about 3 a.m. Sunday, Sept. 16, 2018. Hannah A. Wright, 19, of Titusville, was a passenger on the ATV, according to police, when it struck a deer and then a parked truck.
Wright was pronounced dead at the scene, according to police. Doerfer was taken to Corry Memorial Hospital for treatment of serious injuries.
Hammond said he would be handing down the maximum punishment permitted by law — five year to 10 years incarceration– citing the death of the victim, the DUI history, the use of the ATV and the impact on friends, family and the community.
That decision was appealed to the state Superior Court.
Doerfer’s attorney asked the four separate times between then and now for extensions to file a brief and the court’s order said — caps included — “ABSOLUTELY NO FURTHER EXTENSIONS OF TIME TO FILE APPELLANT’S BRIEF SHALL BE GRANTED and this appeal shall be subject to immediate dismissal by this Court, without further notice to the parties, if Appellant’s brief is not filed by the newly established date.”
A couple weeks later, a fifth appeal for an extension of time was submitted by Doerfer’s counsel.
The court’s order said council was “directed by this Court that no further requests for extension of time would be granted, and as, to date, Appellant has not submitted a brief to this Court, the following is now ordered: The motion is denied. This appeal is dismissed for failure to file a brief.”