Driver convicted in DUI fatal on basis of his severed foot

By STAN MADDUX, Tribune Correspondent

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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.

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