Guilty verdicts in fatal OWI crash

Timothy Malott

MICHIGAN CITY – The drunken driver who caused a fatal crash on Franklin Street that forced rerouting of Michigan City High School’s homecoming parade last fall was convicted of multiple felonies following a jury trial last week.

The jury initially returned guilty verdicts on three Level 5 felony counts – operating while intoxicated, OWI with a blood-alcohol content above 0.08 percent, and reckless homicide – on Friday at the Michigan City Courthouse.

Then, before jurors could return to deliberate two Level 4 felony counts of OWI with a prior OWI conviction – charges predicated on his conviction on the fist three counts – 55-year-old Timothy Edward Malott pleaded guilty to those counts – one of which was stipulated to have occurred within the past 10 years.

With the five felony convictions, Mallot faces up to 48 years in prison when he returns to La Porte Superior Court 1 for a sentencing hearing before Judge Michael Bergerson on Sept. 12.

He remains in the custody at the La Porte County Jail until he receives his assignment within the Indiana Department of Correction.

According to Michigan City Police reports, Malott was driving south on Franklin Street near Ames Field on Oct. 5, 2018, when his Ford Focus slammed into a Toyota Corolla, killing the driver.

Police say 49-year-old Anthony Waters was attempting to turn north onto Franklin from Skwiat Legion Avenue when his car was struck.

The Michigan City Fire Department extricated Waters from his vehicle, and he was transported to Franciscan Health Michigan City, police said at the time. But he died shortly after his arrival at the hospital.

Malott was not injured in the crash, and none of the hundreds of parade spectators who were lined up along Franklin Street reported any injuries.

After securing a warrant for a blood draw, police determined Malott’s blood alcohol content – found to be 0.133 percent – was almost twice the legal limit around the time of the crash.

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