OSHKOSH (WTAQ-WLUK) – A pizza delivery driver accused of striking a pedestrian, killing him and leaving the scene, is competent to stand trial, a judge ruled Wednesday.
Mark Radley, 60, faces one count of hit and run involving death for the Jan. 10, 2024, incident.
After two competency exams, Judge Michael Gibbs found Radley competent to stand trial. That means he is able to understand the court proceedings and assist in his own defense.
Radley previously pleaded not guilty. An Oct. 7 trial date was set Wednesday.
According to the criminal complaint, police were called to Ohio Street and W. Third Avenue at about 6:30 p.m. for a report of a vehicle-pedestrian crash. The 38-year-old man was bleeding extensively, and was declared dead a short time later. The victim has not been publicly identified.
Police were able to determine the license plate of a possible vehicle involved, and traced it to Radley. When police found his van, it had damage to the front end.
Police reviewed security footage at a pizza restaurant. He departed the store at 6:11 p.m. Upon his return at 6:40 p.m., Radley is seen returning to work “with significant damage to the front end of his vehicle. Mark gets out of his vehicle and inspects the damage. He then goes into the restaurant,” the complaint states.
Radley was stopped by police. “During this time, Mark was asked about the heavy front end damage to his vehicle and he responded, ‘Did I hit something?’ Mark believed he struck something on Ohio Street near W 3rd Avenue / W 4th Avenue, but couldn’t recall exactly where it happened,” according to the criminal complaint.
Radley couldn’t recall what he had struck at that moment and told officers his response after striking the object was “Just kept going I guess, didn’t know what it was,” the complaint quotes him as saying.
