Driver in fatality struck, killed motorcyclist in 2014

The 72-year-old man whose vehicle hit and killed a Taylor Garbage Services employee Monday also fatally struck a motorcyclist last year, officials say.

Sean R. Tilghman, 27, of Endicott, was pronounced dead outside 3550 Pennsylvania Ave. in Apalachin, Tioga County Sheriff's deputies said Thursday. Officials say Donald Ulmer, of Little Meadows, Pennsylvania, struck Tilghman as he was standing behind a Taylor garbage collection truck unloading a bin, officials said.

Ulmer has been charged with a misdemeanor count of third-degree aggravated unlicensed operation, police said. He has been scheduled to appear Dec. 15 in Owego Town Court.

Following a three-day investigation, police said Thursday that Ulmer is not expected to face additional charges.

This is the second time Ulmer has been involved in a fatal incident in Tioga County, according to Press & Sun-Bulletin archives. Police say he struck and killed a motorcyclist on Aug. 17, 2014, in the Town of Owego.

At the time, police said, Ulmer was westbound on Route 434 when he made a left turn onto Pennsylvania Avenue in front of a motorcycle driven by 43-year-old Auburn Lyons, of South Gibson, Pennsylvania. Lyons was pronounced dead at the scene.

Owego Town Court records show Ulmer was sentenced Sept. 2 for failure to yield right of way, a traffic violation, and fined $150 in connection with the August 2014 crash.

On Monday, police said, Ulmer was traveling southbound around 11:30 a.m. when he struck Tilghman.

Tioga County Sheriff's Lt. Randy Kipling said the sheriff's office consulted with the district attorney about applicable charges in Monday's incident. It was determined the circumstances did not meet legal requirements for charges of manslaughter or criminally negligent homicide, he said.

Kipling said Ulmer said he does not remember the events and that his family says he has dementia.

"It's a tragedy," Kipling said. "Anytime you see a vehicle stopped along the side of the road, slow down, because someone could be outside that vehicle."

Curbside recycling is routinely collected on Mondays in the Town of Owego, including in Apalachin, Kings Point, Lincolnshire and Ridgewood developments, according to the Tioga County government website.

Tioga County Attorney Judith Quigley said Taylor is the only company the county contracts with for recycling services. The county pays Taylor $4.65 per household per month for recycling, she said.

Tilghman had been a full-time Taylor employee since 2010, and at the time, he was following normal collection procedure, said company spokesman Stephen Donnelly. He said Tilghman will be remembered by the family-owned Taylor company as "a great asset to their team."

"He was a good guy and a good worker," Donnelly said Thursday. "The heart goes out not only for the loss of an employee, but for the family as well."

A look at the law

Aggravated unlicensed operation is a crime in which a person drives while his or her license has been suspended or revoked, according to the New York State Vehicle and Traffic Law.

In New York, a conviction for third-degree aggravated unlicensed operation can bring a fine between $200 and $500, no more than 30 days in jail, or a combination of both.

In Pennsylvania, where Ulmer resides, a person who drives while his or her operating privilege is suspended or revoked can be sentenced to pay a $500 fine and could receive jail time of at least 60 and up to 90 days.

Ulmer had been driving without a license at the time of Monday's incident, Kipling said, and had he simply been pulled over for a minor violation such as speeding or a broken tail lamp, he still could have been charged with aggravated unlicensed operation.

Kipling said a case like this is an example of the limitations in law enforcement.

"All you can do is keep writing the tickets, and unfortunately, some people aren't compliant," he said. "Driving is a privilege, not a right."

Follow Anthony Borrelli on Twitter @PSBABorrelli