Erie man pleads no contest to vehicular homicide in fatal crash

Davann Simmons also pleaded guilty to eight other charges in the August 2023 crash that killed Shawn Giles in Northeast Township

An Erie man accused of driving into the scene of an August 2023 Northeast Township crash and killing a volunteer firefighter has pleaded no contest to the top charge of vehicular homicide in the case.

Davann M. Simmons, 42, entered a plea deal before Erie County Circuit Judge Daniel Brabender days before a trial in the case began Tuesday.

Simmons also pleaded guilty Thursday morning to eight other charges in the Aug. 20, 2023, crash on Highway 20 at Brickyard Road in Northeast Township: third-degree felony counts of causing death or injury without a license; three counts of recklessly endangering another person; and four summary counts, including driving with a suspended license and failure to maintain a safe speed.

Several other charges Simmons faced in the Pennsylvania State Police case were dropped by prosecutors in a deal that led to Simmons taking the stand Thursday morning.

Brabender scheduled sentencing for Jan. 2 at 9 a.m

Chief Deputy District Attorney Stephen Libosky told Simmons he faces a maximum of 25 1/2 years in prison and a fine of more than $56,000 if convicted on all charges. Libosky told Brabender there was no sentencing recommendation in the case.

Authorities accused Simmons of failing to respond to emergency services at the scene of a two-vehicle crash along Route 20 when his vehicle struck Sean Giles, 53, a Fuller Hose Co. firefighter. in the northeast, which regulated traffic. accident site

Giles was pronounced dead at UPMC Hamot shortly after the crash.

Outlining the facts he said would be presented at trial, Libosky said Giles and another fire police officer were wearing fluorescent clothing and holding fluorescent flags as they directed traffic around the crash scene. Witnesses reported seeing a Lexus driven by Simmons driving at a high rate of speed and swerving into the other lane to avoid another car stopped by Giles when the Lexus hit Giles, he said.

The Lexus was going 78 mph 1.2 seconds before the 58 mph crash when the car hit Giles, Libosky said. The posted speed limit in the area was 55mph, but accident scene speed regulations would reduce it to 35mph, he told the court.

Initially jailed on $200,000 bail, Simmons was released on nominal bail and placed on electronic monitoring in April. Then in September, he successfully petitioned a court to release him from house arrest and electronic monitoring because he said he wanted to work more hours to get a lawyer. The Erie County District Attorney’s Office objected to the dismissal and unsuccessfully appealed to the court to reconsider the case.

Contact Tim Hahn at [email protected]. Follow him on X @ETNhahn.