High Bail in Fatal Brighton Hit-and-Run

BOSTON, June 7, 2018— A Brighton motorist was arraigned today on charges he struck 80-year-old Theodore Schwalb in a crosswalk and drove away, leaving him to die, Suffolk County District Attorney Daniel F. Conley said.

PHOCIAN FITTS, 23, was arraigned today in Brighton Municipal Court on charges of motor vehicle homicide and leaving the scene of a collision causing death. Assistant District Attorney Emily Hamrock of the DA’s Elders and Persons with Disabilities Unit requested bail of $15,000. Judge Myong Joun imposed $10,000 bail and ordered Fitts to submit to GPS monitoring in the event he posts that amount. Joun also ordered Fitts to refrain from driving in light of the Registry of Motor Vehicles’ suspension of his license following yesterday’s fatal crash.

The Boston Police, Emergency Medical Services, and Fire departments responded to a 911 call for a pedestrian struck by a vehicle in the area of 1316 Commonwealth Ave. at approximately 12:50 p.m. yesterday. There, they located Schwalb suffering life-threatening injuries. He was transported to St. Elizabeth’s Medical Center, where he died of his injuries a short time later.

With the assistance of multiple witnesses, Boston Police detectives identified and located the 2019 Jeep Cherokee believed to have struck Schwalb. Among those witnesses was the driver of a vehicle travelling behind the Jeep who provided video footage from a dashboard camera. The footage showed that the Jeep did not brake before or after the fatal collision.

The Jeep was found on Fidelis Way with damage to its front passenger side fender and windshield. It was parked outside Fitts’ home and registered to a member of his family.

In light of statements made by family members, Boston Police detectives asked Fitts to take part in an interview. He was not taken into custody as investigators continued their efforts to determine the Jeep’s operator at the time of the fatal collision. Late last night, investigators became aware of Fitts’ statements broadcast by a Boston news outlet admitting his role and his knowledge that he had struck a pedestrian.

Based on those admissions – which corroborated physical evidence, witness interviews, and other information gathered through the afternoon and into the night – Boston Police placed Fitts under arrest at approximately 10:30 p.m.

Fitts was represented today by Patrick Sheehan. He returns to court June 25 for the appointment of permanent counsel.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.