GOSHEN — A South Bend man accused of leaving a moped driver to die after crashing into him has received a November trial date.
Joseph Bailey, 23, faces charges of failure to remain at the scene of an accident that caused a death, a Level 4 felony, and failure to remain at an accident resulting in serious injury, a Level 6 felony. Police believe he struck James Thoman, who later died, and injured his passenger, David Hamilton, before fleeing the Aug. 16 crash south of Boot Lake.
Bailey received a Nov. 17 jury trial date during his initial court appearance Thursday. Judge Michael Christofeno, Elkhart County Circuit Court, entered a not-guilty plea on his behalf and heard that Bailey plans to hire his own attorney.
Bailey is being held in the Elkhart County Correctional Facility on $100,000 bond.
According to court documents and past reporting:
The Elkhart County Sheriff’s Office responded to a vehicle crash involving a moped in the area of 28126 C.R. 4 at around 2:18 a.m. on Aug. 16. They found Hamilton and Thoman at the scene suffering head injuries and transported them to Elkhart General Hospital.
Thoman died around four hours later. Hamilton was placed in critical care while suffering from a spinal fracture and brain bleed, according to police.
Investigators determined that a vehicle had rear-ended the 2022 ZHNG Wolf that Thomas was driving, causing both men to be thrown from the moped. The suspect vehicle, believed to be a Ford based on a headlight found at the scene, then dragged the moped down the roadway and into a yard before fleeing.
Investigators identified a suspect vehicle the next day, a tan Lincoln Town Car with front-end damage parked at a residence three miles east of the crash site, and connected it to Bailey. Footage of the same vehicle captured by FLOCK camera on Aug. 15 showed that it was undamaged before the crash.
When questioned, Bailey allegedly described being in an accident while driving eastbound on C.R. 4 in the early morning of Aug. 16. He said the impact was hard enough to set off his airbag.
He saw the moped in front of his car after he stopped and got out, as well as a person lying on the ground behind his vehicle who was a “bigger guy, breathing and grunting,” according to police. Bailey allegedly said he drove away because he was scared.
He later learned from a news article that one of the moped riders had died and said it “made him feel sick,” according to police.
A witness who was riding with Bailey said she had her eyes closed when the crash happened, police say. She also described seeing the moped on the ground under the car.