Upper Darby police have charged former prosecutor with the Delaware County District Attorney's Office Michael Donohue with aggravated assault and other related charges on Monday after his alleged involvement with the that left him in critical condition.
In a phone interview with the Haverford-Havertown Patch on Monday afternoon, Upper Darby Police Superintendent Michael Chitwood said that police charged the 31-year-old Donohue with aggravated assault, simple assault, leaving the scene of an accident and other related charges.
Chitwood said that while Donohue was not charged with a DUI because he allegedly sped away from the scene of the accident and police could not administer a Breathalyzer test on him, police know from eyewitness reports that Donohue was allegedly at a bar before the accident.
“He was at a (Media) bar before the accident …,” Chitwood said. “We can show he was drinking before the accident.”
An affidavit states that witnesses place Donohue at the bar from 4:30 p.m. until 9 to 9:30 p.m. the night of the accident.
Donohue, who lives on the 800-block unit of Darby Road in Havertown, resigned last week after being a prosecutor for five years with the district attorney’s office, Chitwood said.
“He knew we were closing in on him,” he said, adding that police had enough probable cause after interviewing 12 witnesses to search Donohue’s other residence in Roxborough on Sunday evening, Nov. 6, where police recovered his 2005 dark gray Jeep Cherokee.
“He lawyered up. He made no statements,” Chitwood answered when asked if Donohue said anything to the police on that Sunday night.
The vehicle matches the model witnesses told police had struck the 14-year-old student when he crossed the street at the intersection of Township Line Road and Bryan Street at 10:25 p.m., Friday, Nov. 4.
The accident left the boy with a brain bleed, two fractures to one of his hips and internal injuries, Chitwood said. The boy was taken to Children's Hospital of Philadelphia but has since returned home to recover.
“He’s lucky he’s not facing a murder rap,” Chitwood said of Donohue’s alleged involvement and the victim’s injuries.
Chitwood said that Donohue was arraigned Monday and posted 10 percent of his $25,000 bail. Patch has not been able to reach Donohue for comment.
The Pennsylvania Attorney General’s Office will be prosecuting the case against Donohue to avoid any conflict of interest with the Delaware County District Attorney’s Office, which Chitwood said had been very helpful in the police investigation.
The county’s District Attorney’s Office has not yet returned Patch’s voice message regarding the case.