Man charged in fatal hit-and-run with moped

Joseph Bailey

ELKHART COUNTY, Ind. -- Court documents from Elkhart County reveal 23-year-old Joseph Bailey has been arrested and charged in connection with a fatal hit-and-run crash on C.R. 4 that happened around 2:18 a.m. on Aug. 16.

Bailey is charged with Failure to Remain at the Scene of an Accident Resulting in Death, a Level 4 Felony, and Failure to Remain at the Scene of an Accident with Moderate or Serious Bodily Injury, a Level 6 Felony.

Bailey allegedly rear-ended a moped with two people on it.

Authorities say Bailey's license was suspended and he has a previous conviction for Driving with a Suspended License. Bailey's initial hearing is Thursday.

The Elkhart County Sheriff's Office reports deputies arrived on the scene of the crash to find two people injured. The driver of the moped was identified as James Thoman and the passenger was identified as David Hamilton.

Authorities also located a Ford style headlight at the scene believed to belong to the suspect vehicle.

Thoman and Hamilton were taken to Elkhart General Hospital where Thoman was later pronounced dead from his injuries.

Hamilton was reported to be in critical care unit at that time and was suffering from a spinal fracture and brain bleed.

On Aug. 17 around 10:07 a.m., authorities responded to an address in the 51000 block of C.R. 11 regarding the possible discovery of the suspect vehicle.

The vehicle was a tan Lincoln Town Car with damage to the front end. Authorities compared the found headlight to the intact Lincoln Town Car and found they matched.

The suspect vehicle was found to belong to Bailey. FLOCK cameras found that on Aug. 15 at around 1:50 p.m. in Middlebury the suspect vehicle was fully intact.

Bailey was arrested and read his Miranda Warning and agreed to speak with law enforcement.

Bailey stated that he was driving from Mishawaka to his girlfriend's house located on C.R. 11 during the early morning hours of Aug. 16.

He described his route and driving east on C.R. 4 from C.R. 5. Bailey described in detail that he was driving the Lincoln Town Car and crashed. He stated he got out and found the moped in front of the car.

Bailey told authorities he saw a person lying on the ground behind his car and described the person as "bigger guy, breathing, and grunting." Bailey went on to state he left the scene and continued to the C.R. 11 address where he parked the car behind the house.

Bailey said he didn't call police because he was scared. He said when he saw in news article that one of the people on the moped had died as result of the injuries, it made him feel sick.

Bailey said he then found a news article that said the other person was injured in the crash.

Bailey said his car's airbags were deployed and his girlfriend was in the car with him at the time.

When interviewed, Bailey's girlfriend confirmed he was driving and that she closed her eyes when the crash occurred. She stated she also saw the moped under the car.

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