Comments
21 - 40 of 50 Comments Last updated Jan 9, 2013
jpz

Herkimer, NY

#23 Nov 2, 2009
why would he take his son down west german stret where there are no sidewalks no lights and not many houses to trick-or-treat at?
Mary Life

North Adams, MA

#24 Nov 2, 2009
They always do an autopsy to have a cause of death,(ie.. Broken neck, blown heard, severe trauma in vital organs, was he intoxicated? did he have a medical condition that caused him to fall into traffic?) They have to shown that the gentleman was not neglected in medical care and absolutely everything was done the right way. Einsteins? Stick to what you do for a living. Do these guys come to McDonalds and tell you how to flip your burgers? Get a life wierdo. You seem to always have a comment. The next time I go through McDonalds and you forget my extra cheeseburger, I/m coming right to topix and slamming you!
Now seriously wrote:
<quoted text>
the guy was struck and killed. Do the geniuses doing the investigating really need to do an autopsy to figure out how he died?
Think about it. Car. Pedestrian. Collision. Dead. What are we payIng these Einsteins for?
Dan Hicks

North Adams, MA

#25 Nov 2, 2009
I know everyone is going to hate me for this, but i give alot of credit to the Herkimer Police Dept. They were right on scene and did everything they could not only to help the male struck, but they took care of his son. I know this, my cousin works in emergency services. HPD had the scene secured the entire time until the State Police arrived. Again, you dont know this because nobody gives credit where credit is due. HPD stayed with the little boy the entire time. When the troopers arrived, they could care less. They just wanted to find something that somebody did wrong. The accident happened right on the village line, but in the State Police territory. HPD was the last to leave. GREAT JOB HPD! SOME OF US STILL SEE THE THE GOOD THINGS YOU DO!
bad santa

United States

#26 Nov 2, 2009
great job?? or just sort of doing what they get PAID to do without MESSING it up badly ?(one who listens in)(and wonders) keep the child in the driver's car ?? OK..+
Herk Girl

Camillus, NY

#27 Nov 2, 2009
Whatever the outcome, I will be praying for the family of Preston Scott and for Jessica Zulla.
Rocket Scientist

Syracuse, NY

#28 Nov 2, 2009
Herk Girl wrote:
Whatever the outcome, I will be praying for the family of Preston Scott and for Jessica Zulla.
I agree.

We all need to pray for peace for all involved.

Everyone lost something on that tragic night...

I have sympathy for both families and I wish them some form of peace and healing in the near future.

God Bless!
from the mouth of a teen

United States

#29 Nov 2, 2009
She was 19 and it's halloween. Chances are she was texting while driving. Teens do it all the time myself included. Yes the roads are dark but that's why we use headlights. I haven't heard of anyone else being hit by a car in that area. They should charge her with something. Just because the police couldn't uncover that she wasn't paying attention doesn't mean that it didn't happen. Teens are wreckless. I'm sure this girl is no exception.
Disgusted

Syracuse, NY

#30 Nov 3, 2009
To those of you who are making a joke out of such a tradgedy, plain and simple - you are truly sad and need to get a life. Seriously if I could meet up with you somewhere I would spit in your face and then have a very large individual kick your ass, you piece of shit and to the idiot labeled "NOW SERIOUSLY" are you that dumb? Of course they are going to investigate, so they can see if the pedestrian or driver was on drugs or alcohol to cause this to happen in the first place jerk.
Not so

AOL

#31 Nov 3, 2009
from the mouth of a teen wrote:
She was 19 and it's halloween. Chances are she was texting while driving. Teens do it all the time myself included. Yes the roads are dark but that's why we use headlights. I haven't heard of anyone else being hit by a car in that area. They should charge her with something. Just because the police couldn't uncover that she wasn't paying attention doesn't mean that it didn't happen. Teens are wreckless. I'm sure this girl is no exception.
Please, this is a terrible thing that has happened. There were no charges. If she was on her phone it would show up on records. Not all teens are wreckess. This girl might not be either. Please, this is a sad thing for all involved.
friend of preston

Constableville, NY

#32 Nov 3, 2009
preston was a great guy, a very hard worker, and an amazing father. his everyday goal was to get the people he passed by to smile. he was an amazing father and austin loved him to death. he was talking all day sat about how excited he was just to be able to bring austin trick-or-treating.. he always had jokes and always made people laugh. him walking down the side of the road with his son to get candy was no crime. being hit and killed by a former druggy is.. the only way that this could have been any worse is if it was his son who was the one who got hit... because preston would have to live with the what if's for the rest of his life.. and he would have never been the same guy again.. preston was an absolute amazing man and will always be remembered and charished.. we hold him close to or hearts and are trying to think of all the stupid but hillarious shit he's done.. we love him and miss him dearly.. may all blessings go to his son. and may preston rest in peace.
What

Syracuse, NY

#33 Nov 3, 2009
friend of preston wrote:
preston was a great guy, a very hard worker, and an amazing father. his everyday goal was to get the people he passed by to smile. he was an amazing father and austin loved him to death. he was talking all day sat about how excited he was just to be able to bring austin trick-or-treating.. he always had jokes and always made people laugh. him walking down the side of the road with his son to get candy was no crime. being hit and killed by a former druggy is.. the only way that this could have been any worse is if it was his son who was the one who got hit... because preston would have to live with the what if's for the rest of his life.. and he would have never been the same guy again.. preston was an absolute amazing man and will always be remembered and charished.. we hold him close to or hearts and are trying to think of all the stupid but hillarious shit he's done.. we love him and miss him dearly.. may all blessings go to his son. and may preston rest in peace.
Are you accusing this girl of something?
Don't we ALL have a past?

That has nothing to do with the PRESENT, you #%^&&bag.

Back Off!
village idiot

Constableville, NY

#34 Nov 3, 2009
Update from the O-D.

Police: Man killed by car was wearing dark clothes

By ROCCO LaDUCA
Observer-Dispatch
Posted Nov 02, 2009 @ 02:01 PM

HERKIMER — The Herkimer man who was fatally struck by a car after trick-or-treating with his young son Saturday evening was walking with his back to traffic and wearing dark-colored clothes at the time, according to state police.

Because that stretch of West German Street also is located in a rural area with little lighting, the female driver of the vehicle was unable to see the victim – Preston Scott, 47 – until it was too late, state police Investigator Frank Spatto said Monday.

“You’ve got a very dimly lit roadway, while it was raining, with very, very poor visibility,” Spatto explained.“They were walking with the flow of traffic, wearing no reflective clothing and they weren’t carrying any flashlights, so she just didn’t have an opportunity to react.”

As a result, the driver – 19-year-old Jessica Zulla of Utica – is not expected to be charged in connection with the fatal accident, Spatto said.

Scott is the brother of Oneida County Legislator Shannon Scott.

The accident occurred about 6:50 p.m. Halloween evening as Scott and his 8-year-old son, Austin, walked west on West German Street, Spatto said. They had been trick-or-treating earlier that evening, and were walking toward the home of a friend of Scott.

As Scott and his son walked away from the residential area of Herkimer and into a more rural portion of the roadway approaching the intersection with Route 5, Scott was struck in front of a cemetery, Spatto said. The Oak Hill Cemetery and Calvary Cemetery are side-by-side in that area.

It appears that Scott was walking outside the white sideline of the roadway, Spatto said. The boy was walking nearby as well, but he was not injured.

Nobody else was in Zulla’s vehicle, and there’s no indication that she was texting on a cell phone at the time, Spatto said. There also is no indication that alcohol or drugs were a factor in the crash, and it does not appear that Zulla was speeding.

“The posted speed limit was 45 mph, and the damage to the vehicle is consistent with the speed posted on the roadway,” Spatto said.

While state police wrap up their investigation, they are expecting to talk with a few other witnesses who might have seen the accident, Spatto said.
close to driver

Moravia, NY

#35 Nov 3, 2009
hmm wrote:
Why hasn't that girl been charged with anything yet? Everyone knows on halloween night you drive slower and keep your eyes out for kids and people walking around. She should've been charged with vehicular manslaughter by now? Or is it just because she is a 19 year old girl she gets off with no charges???
just because it was Halloween, no one should be walking that part of German St., especially with a child, there were no houses around, it was dark, rainy and there are no street lights. WHY? should the driver get charged with anything? because she was 19 - get a life and learn the laws. This was a tragic accident for all involved. Would you like to live with something like this over your head for the rest of YOUR life. That in itself is a life sentence.
village idiot

Constableville, NY

#36 Nov 3, 2009
close to driver wrote:
<quoted text>
just because it was Halloween, no one should be walking that part of German St., especially with a child, there were no houses around, it was dark, rainy and there are no street lights. WHY?
The article said they were walking west on West German towards a house of a friend of the victim.

But the article also said Scott was struck in front of a cemetery.

Once you're at Oak Hill Cemetery, there are no more homes on West German street...(are there?) There's the old Boyle's Pit, and then you're at the intersection with Route 5.

So where was the home to which they were supposedly walking? Route 5? Ilion? Strange.
****

O-D: "The accident occurred about 6:50 p.m. Halloween evening as Scott and his 8-year-old son, Austin, walked west on West German Street, Spatto said. They had been trick-or-treating earlier that evening, and were walking toward the home of a friend of Scott.

As Scott and his son walked away from the residential area of Herkimer and into a more rural portion of the roadway approaching the intersection with Route 5, Scott was struck in front of a cemetery, Spatto said. The Oak Hill Cemetery and Calvary Cemetery are side-by-side in that area."

Since: Jul 08

Location hidden

#37 Nov 3, 2009
village idiot wrote:
<quoted text>
The article said they were walking west on West German towards a house of a friend of the victim.
But the article also said Scott was struck in front of a cemetery.
Once you're at Oak Hill Cemetery, there are no more homes on West German street...(are there?) There's the old Boyle's Pit, and then you're at the intersection with Route 5.
So where was the home to which they were supposedly walking? Route 5? Ilion? Strange.
****
O-D: "The accident occurred about 6:50 p.m. Halloween evening as Scott and his 8-year-old son, Austin, walked west on West German Street, Spatto said. They had been trick-or-treating earlier that evening, and were walking toward the home of a friend of Scott.
As Scott and his son walked away from the residential area of Herkimer and into a more rural portion of the roadway approaching the intersection with Route 5, Scott was struck in front of a cemetery, Spatto said. The Oak Hill Cemetery and Calvary Cemetery are side-by-side in that area."
maybe he was going to visit a dead friend at the cemetary. now he can visit him every day
stating facts

Auburn, NY

#38 Nov 3, 2009
Lets see-- hmm. she is a very good friend of the fam. there was an 8 yr. old with this man. the kid did not have a costume on. it was a known fact that this man was a drinker. walking to frankfort in the rain at night on the wrong side of the road. just split up with his wife. For all we know he could of jumped in front of jess to kill himself. I know from experience, people who kill themselves have no concerns of who they leave behind, to wonder why. so before someone says " he would never do that in front of his son" well-- yes he could of. There are NO tickets, because she did absolutly nothing wrong.
bad santa

United States

#39 Nov 3, 2009
yes-- the area is rent controlled, and the utilities are low cost ( no heat but all the running water and solar power you can handle) and second floor walkups are rare..but even though poeple are dying to get in..most of the people just come and go. it just goes to show..ITS ALWAYS SOMETHING...
how stupid

New York, NY

#40 Nov 3, 2009
calm cents-- your one sick person!!! Get a life. Unfort its the good who get taken to soon and ppl like you live way too long!!!!

Since: Jul 08

Location hidden

#41 Nov 4, 2009
bad santa wrote:
yes-- the area is rent controlled, and the utilities are low cost ( no heat but all the running water and solar power you can handle) and second floor walkups are rare..but even though poeple are dying to get in..most of the people just come and go. it just goes to show..ITS ALWAYS SOMETHING...
you left out, conveniently located, only six feet under herkimer
Watching

Constableville, NY

#42 Nov 4, 2009
calmn cents wrote:
<quoted text>
maybe he was going to visit a dead friend at the cemetary. now he can visit him every day
You are truly human trash in the true sense of the word

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