Man ordered to pay $131,145 in restitution for crashing into Eat’n Park
A Butler man is facing a hefty bill for a chance visit in January to Eat’n Park at the Clearview Mall in Center Township.
David Lee Smith Jr., 57, was ordered to pay $131,145 in restitution for structural repairs to the restaurant when he was sentenced Thursday, Oct. 26, for a driving under the influence charge filed by state police after he crashed into the building Jan. 16.
Smith pleaded guilty to DUI general impairment, the least severe DUI charge that is filed when a defendant’s blood alcohol level is from .08% to .099%. He was sentenced to serve 48 hours to six months in the county prison and given credit for having served one day in prison. His sentenced also included a $500 fine and 40 hours of community service.
The crash occurred at 6 a.m. before the restaurant opened. It left a large hole in the building and knocked down a light post in front of the building. Employees were present, but no customers were inside.
No employees were injured, but Smith had a minor head injury and refused medical treatment. According to police, Smith was not asked to submit to field sobriety tests due to his injuries. He was taken into custody for suspicion of DUI and transported to Butler Memorial Hospital for a blood test.
The restaurant closed for a short time, but opened before noon.
Smith was driving a Subaru Tribeca south on Route 8 when the vehicle left the southbound lanes, crossed both northbound lanes, went over an embankment and struck the southwest corner of the restaurant on Clearview Circle.
Police said they arrived at the restaurant and noticed one of Smith’s eyes was completely clouded and the other one was dilated. He was not wearing a seat belt, police added.
Smith’s blood was drawn around 8 a.m. that day and test results revealed traces of cocaine and buprenorphine, which is an opioid used to treat addiction and acute pain.
A charge of driving under the influence of a controlled substance and eight summary citations including one for driving with a suspended license were dismissed Thursday as part of a plea agreement. Smith represented himself without an attorney.
