Driver pleads not guilty to charges

The driver of the car that caused a fatal accident killing alumna Kate B. Comiskey entered a plea of not guilty Wednesday afternoon in Monroe County court and could face up to 52 years in prison if convicted on the charges.\nBryan M. Gooldy appeared in front of Judge Marc Kellams, shackled and in an orange jumpsuit, and was arraigned on charges of operating a vehicle while intoxicated causing death, a Class B felony; operating a vehicle while under the influence of drugs causing death, a Class B felony; and being a habitual offender.\nIf convicted, Gooldy faces a maximum of 20 years for the Class B felony count, and could have an extra 30 years added on, three times the minimum sentence for being a habitual offender, said Public Defender Stuart Baggerly.\nGooldy was convicted in 2000 on a robbery charge and had served six years of his eight-year term prior to his release for parole. If convicted in the death of Comiskey, he could serve the remaining two years on the prior charge, Kellams said.\nAccording to court documents, Diane Dirita, who witnessed the accident Nov. 9, said Gooldy's car crossed the center line of North Walnut Street "striking Comiskey's vehicle head on."\n"It was later determined through speaking with Coroner Marie Shipley that the cause of death was blunt force trauma to the head with a secondary cause of blunt force trauma to the lower extremities," the document filed by police stated.\nComiskey, an English teacher at Indian Creek High School in Trafalgar, Ind., was pronounced dead at Bloomington Hospital.\nGooldy had been hospitalized following the accident and was arrested Tuesday upon his release.\nThe officer who filed the court documents said she "could observe Gooldy's arms which from (her) experience appeared to have several needle marks on both arms which is commonly seen in hypodermic needle users."\nAlthough his condition was not released by the hospital, court documents stated "he was in and out of consciousness."\nGooldy, who was employed by Numerical Concepts Inc., in Terre Haute said he had "no assets of value" and was given a court appointed lawyer.\nPrior to the hearing, a visibly emotional Gooldy asked Baggerly if he should apologize during the hearing, but he was advised to remain silent.\n"There is always a concern with charges this serious that when a defendant is emotional they could say something to hurt their defense," Baggerly said. "(Gooldy) was very distraught earlier. We have entered the pleas and denials and will work through the case."\nIn addition to all of the charges filed against him, Gooldy failed to pay over $900 in court fees including probation fees and alcohol and drug program fees.\nGooldy had previously been charged with possession of a controlled substance in 1994, obtaining a controlled substance by fraud in 1995 and robbery in 2000, the document stated.\nToxicology reports released on Nov. 10 found traces of several drugs in Gooldy's system at the time of the accident, according to police reports.\n"Test results on the blood sample indicated the presence of opiates, cocaine and benzodiazepine," stated a press release from Bloomington Police Department. \nGooldy's probation officer Heather Dorsett stated in a court document that Gooldy had missed several appointments with her and had missed his last urine screen test.\nThe probable cause affidavit alleges Gooldy is responsible for Comiskey's death.\n"Gooldy, who is 45 years old, did cause the death of Katharine B. Comiskey, with a controlled substance being opiates which is a schedule I narcotic and cocaine a schedule II narcotic in his blood," the document stated.\nGooldy is set to appear in court again at 3 p.m. on Jan. 6.\n-- Contact City & State editor Mallory Simon at mgsimon@indiana.edu.