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Woman charged in fatal Route 40 crash in Wharton Township

By Lori Miller 2 min read
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A woman who crashed into the back of another vehicle on Route 40 in Fayette County last year, killing another driver, was distracted by her cellphone moments before impact, state police said.

Police said Jenna C. Schwenk was driving west in the 4100 block of National Pike shortly after 11 a.m. on Aug. 6, 2024, when her SUV crashed into the rear of a car stopped on the highway as the driver was trying to turn left into the Sunoco gas station near Lady Luck Casino in Wharton Township.

The impact of the crash pushed the car driven by Roger L. Cupp into a nearly head-on collision with an eastbound vehicle, police said. Court documents indicate Schwenk was driving 69 miles per hour just before crashing in an area of Route 40 that has a speed limit of 45 mph.

Cupp, 69, of Farmington, was severely injured in the crash and taken to Ruby Memorial Hospital in Morgantown W.Va., where he died the following day, according to his obituary.

Schwenk was taken to WVU Uniontown hospital for treatment, although the severity of her injuries was not released. While hospitalized, investigating troopers seized Schwenk’s phone and a review of its contents revealed she was “using her cellphone while operating her motor vehicle” prior to the crash, according to court documents.

Police said there were clear weather conditions and nothing obstructing Schwenk’s view of the roadway when the crash happened. Investigators also reviewed surveillance video from Sunoco and saw that Schwenk “appeared to be unaware” that Cupp’s vehicle was stopped on the highway while trying to make the left-hand turn into the gas station.

Both Cupp and Schwenk were wearing seat belts at the time of the crash. The driver of the third vehicle, who was not identified in court paperwork, was not wearing a seat belt and was transported to Ruby Memorial Hospital with unspecified injuries.

State police charged Schwenk, 30, Henry Clay Township, with homicide by vehicle and two felony counts of aggravated assault by vehicle, along with one misdemeanor charge of involuntary manslaughter. She is also facing several summary offenses, including careless driving causing unintentional death, speeding, reckless driving and driving at safe speed.

Charges were filed Tuesday at District Judge Nathan Henning’s office, although Schwenk had not been arraigned as of Wednesday afternoon.

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