No Charges in February Fatal Crash Involving a Pedestrian on North Frederick Pike

Posted: April 22, 2013

WINCHESTER -- The Office of the Commonwealth’s Attorney released a statement this morning saying that following a two-month investigation Catherine Terzian would not be charge in a fatal accident on Feb. 10. She struck Gary Wayne Baker with her vehicle as he walked on North Frederick Pike. Baker died at the scene.  

Below is the release.

Following a comprehensive investigation conducted by the Virginia State Police, as well as other law enforcement agencies, the Office of the Commonwealth’s Attorney for Frederick County, Virginia has determined that there is no evidence upon which to base any criminal or traffic charge(s) related to the accidental death of Mr. Gary Wayne Baker.

The two-month investigation has revealed that on February 10, 2013, at approximately 7:15 p.m., Mr. Baker was observed by an eyewitness walking out in the roadway of North Frederick Pike, in the vicinity of Fortress Drive. According to the witness, Mr. Baker was wearing dark clothing and was difficult to see in the dark. At approximately 7:30 p.m., Mr. Baker was struck by a vehicle being operated by Mrs. Catherine Terzian, of Winchester, near the intersection of North Frederick Pike and Pap Paw Court. Mr Baker suffered severe injuries as a result of the impact and was pronounced dead at the scene.

Mrs. Terzian remained at the scene as required by law, cooperated in the investigation and voluntarily submitted to a blood test, which revealed no intoxicating substances in her system. An investigation by the Office of the Chief Medical Examiner classified the manner of Mr. Baker’s death as accidental, and identified the cause of death to be “blunt force trauma to the head, chest and lower extremity.” Mr. Baker’s blood alcohol concentration was found to be 0.07 percent by weight by volume.