Student could face 1 year in prison for hit-and-run

An IU student driver accused of striking another student walking across a street on campus Sept. 25 could face as much as one year in prison for fleeing the scene, then denying his involvement in the accident.

The charges leveled against sophomore Eliot Delunas are Class A and Class B misdemeanors for fleeing and false informing. He will appear in court Dec. 7 for pre-trial conference, possibly resulting in a plea bargain.

Junior Todd Wantz was crossing the intersection of 10th Street and Woodlawn Avenue Sept. 25 after attending services at St. Paul Catholic Center when a silver Dodge Caravan hit him, "forcing" him to fly over the hood and fall back onto the road, according to an IU Police Department report.

Wantz claimed the vehicle that hit him made a right turn onto Tenth Street at a red traffic light from Woodlawn Avenue while he had walked well into the middle of the crosswalk. "He actually accelerated through the process (of turning)," Wantz said.

Delunas maintained his innocence and said Wantz incorrectly identified the vehicle that hit him.

"I wasn't even going in the direction (Wantz) said I was going in," Delunas said. "My house is in the opposite direction. It was dark. It was raining. He saw the wrong person."

Delunas added that he did feel compassion for Wantz's situation.

Wantz suffered several cuts to his chin and knees. One month later, Wantz still has a mound of brittle scab underneath his chin.

A witness to the accident transcribed the license plate number of the minivan and provided the information to the police, the report states. IUPD was then able to locate Delunas at his home, finding his vehicle parked nearby.

After a period of questioning, police said Delunas admitted to giving false information about his identity and residence, having claimed his name was "Tim Allen" and denying that he lived at that house, although he rebuffed any accusations of his involvement in a hit-and-run. Delunas said he won't consider a plea an option.

"I'm not guilty, I didn't do it and I won't take punishment for something I didn't do," Delunas said. "No matter how much it costs."

Monroe County Deputy Prosecutor Jeffrey Bradley said the attorneys have, so far, not discussed any motions or pleas.

"I'll end up talking to the victim again to find out what interest he has," Bradley said. "I don't think (Delunas) has a snowball's chance in court," Wantz said. "He'd do well to make a plea."

Wantz said he is currently in the process of seeking legal advice on whether to pursue a civil case against Delunas.

"I want to drive this home that he could have hurt somebody," Wantz said, "(or else) he's not going to get the picture."

Delunas' defense attorney, Phyllis Emerick, declined to comment on the case.

Editor’s Note (April 27, 2010): On May 10, 2006, the defendant, Eliot Delunas, pleaded guilty to the False Informing charge, but the State dismissed the charge of Leaving the Scene of an Accident. The Court sentenced Delunas to two days in jail with credit for one day served.