Driver convicted in DUI fatal on basis of his severed foot

By STAN MADDUX, Tribune Correspondent

Tools

By Beth Boehne

LAPORTE — Matching up a severed foot with the leg of its owner helped prosecutors land a conviction in a double drunk-driving fatality near Michigan City.

Benjamin Pomeroy, 28, of LaPorte was found guilty Tuesday during a bench trial of two counts of Class C felony operating while intoxicated causing death.

He could receive from a two- to eight-year sentence on each count.

In September 2005, Pomeroy was accused of driving a car into a tree, killing passengers Todd Pratt, 27, and Jason Prater, 25, both of Kingsford Heights.

According to police, they were going toward LaPorte on Johnson Road from a Michigan City restaurant and failed to negotiate a sharp curve at County Road 675 West.

Pomeroy had a blood-alcohol level of 0.18 percent, said police.

With Pomeroy denying the allegations, the defense called no witnesses during the trial.

LaPorte County Sheriff's Deputy Andy Hynek testified a tennis shoe with Pomeroy's right foot still inside was recovered between the brake pedal and accelerator.

“Where your feet would normally be while driving,” Hynek testified.

One of the emergency responders, Scott Erickson, said he found Pomeroy hanging halfway out the car with his pant leg caught in the driver's side door.

To bolster his case, LaPorte County Deputy Prosecutor Chris Fronk tried submitting possible incriminating statements posted on a MySpace Web page that appeared to belong to Pomeroy.

But LaPorte Circuit Court Judge Tom Alevizos ruled the statements were hearsay without proof Pomeroy actually created the Web site.

Even with code numbers and other security measures, defense attorney David Jones said, others can create a Web site under an assumed name.

“Anyone can put anything on the Internet,” Jones said.

Sentencing is scheduled for April 11.

Friday, Mar 7 at 2:41 PM Anonymous wrote ...

Just kids. Rocknrollers with one foot in the grave. Literally.

Friday, Mar 7 at 9:28 AM 97 grad wrote ...

Don't Drink and Drive!

Thursday, Mar 6 at 4:23 PM SUE wrote ...

Uh hello people, two young men are dead, show some respect.

Thursday, Mar 6 at 1:39 PM Arthur wrote ...

The agony of defeet.

Thursday, Mar 6 at 1:24 PM ben wrote ...

Honest,I wasn`t driving ,I was just trying to stop the car from hitting the tree.My foot fell off trying to get out of the car.

Thursday, Mar 6 at 11:28 AM Willy wrote ...

Open mouth, insert foot.

Thursday, Mar 6 at 9:28 AM Black Knight wrote ...

Prosecutor: "Your foots bloody off" Benjamin Pomeroy: "No it isn't, it's just a flesh wound" Prosecutor: "All right then, we'll call it a draw"

Thursday, Mar 6 at 6:11 AM Anon wrote ...

Sounds like he didn't have a leg to stand on.

Add a comment

Name:

Comment: 500 Characters Left

WSBT and its affiliated companies are not responsible for the content of comments posted or for anything arising out of use of the above comments or other interaction among the users. We reserve the right to screen, refuse to post, or remove user-generated content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. Items that may be considered inappropriate to post are those containing profanity, hatred, or insensitive, vulgar, unlawful or threatening comments.

WSBT Weather

icon
Current Temp 12
°
More Weather
More On Demand

Stock Quotes

YouNews

This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.
This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

Tonight On WSBTFull Schedule

7.00
Wheel of Fortune
7.30
Jeopardy!
8.00
Ghost Whisperer
9.00
Flashpoint
10.00
Numb3rs
11.00
WSBT News
11.35
Late Show with David Letterman

Question of The Day

How often do you check your smoke detectors?

E-mail your comments. We'll pick some to read during WSBT News at 5.