On November 12, 2012, at around 8:55 PM Timothy was crossing E. High Street near the intersection of Sunnyside Avenue. Timothy had walked across the westbound lane and had paused in the center left turn only lane waiting for east bound traffic to clear. A vehicle being operated by Robert Sitler was traveling westbound on E. High Street tailgating another vehicle. As both vehicles approached the intersection of Sunnyside Avenue the vehicle in front signaled a right turn. Sitler veered into the center left turn only lane, accelerated and passed the vehicle in front of him. While passing the vehicle Sitler struck Timothy.
Following the crash Denise Dinnocenti identified herself to bystanders and responding police officers as the operator of the vehicle. Dinnocenti provided a written statement to police identifying herself as the operator of the vehicle. She stated she was operating Sitler’s vehicle because she knew where they were going and Sitler had consumed several beers. Robert Sitler also provided a written statement to police in which he identified Denise Dinnocenti as the operator of the vehicle. Sitler also stated Dinnocenti was operating his vehicle because she knew where she was going and he had consumed a few beers. Two juveniles were also in the striking vehicle sitting in the back seat.
Through an extensive follow up investigation to the crash on November 12th, it was determined that Robert Sitler was the operator of the vehicle and Denise Dinnocenti was actually the front seat passenger. On Saturday November 17, 2012 Dinnocenti and Sitler were re–interviewed. During the second interview Dinnocenti and Sitler both admitted to providing false information about who really was the driver that struck Timothy. Both eventually also admitted to instructing the juveniles to lie to the police and say Dinnocenti was driving and not Sitler.
Following the crash, Sitler pulled into a shopping center away from the scene of the crash. While in the shopping center Sitler and Dinnocenti conspired with each other. Dinnocenti agreed to report that she was the driver and not Sitler. Dinnocenti agreed to do this because Sitler was involved in a pedestrian crash in 2004 in Alabama, in which Sitler was convicted of Vehicle Homicide-Manslaughter and because of the fact that Sitler had consumed a few beers prior to driving. On the day after the crash Sitler and Dinnocenti filed a claim with an insurance company. They both reported that Dinnocenti was the operator of the vehicle.