Driver faces homicide charge in Cape Cod crash

ORLEANS, Mass. (AP) — A Cape Cod police chief wants to know why a driver charged with striking and killing a man waiting at a bus stop and injuring a family of four in their vehicle as he allegedly fled police was behind the wheel, given his history of driving-related charges.

Benjamin Shealey, 31, of Cambridge, was held without bail after pleading not guilty Wednesday in Orleans District Court to 10 additional charges, including vehicular homicide, in connection to the Saturday crash in Chatham. He is due back in court Monday for a dangerousness hearing.

Shealey also pleaded not guilty to 10 charges brought by Harwich police on Monday.

Shealey has a history of being charged with speeding and other traffic offenses, according to public records. In some cases, charges were dropped because he was ruled incompetent to stand trial.

"You look at his history and shake your head and say how can this be?" Chatham police Chief Mark Pawlina told the Cape Cod Times (http://bit.ly/15pxcCg ). "My question is ... why were there no consequences? There's a very clear pattern of dangerous driving that he's been engaged in. The incident in Chatham is the latest one, not an aberration."

After Wednesday's hearing, Shealey's attorney and uncle, Frank Shealey, said his nephew has a mental condition for which he takes prescription medication.

"He's OK when he takes his medication," the attorney said.

On Saturday, Benjamin Shealey was fleeing from Harwich police, who were investigating reports of an erratic driver, when he struck and killed Albert Della Malva, 62, who was waiting for a bus, police said. Della Malva was heading home after attending a lecture at the library, his brother said. Shealey's Range Rover then struck an SUV, injuring four members of the same Virginia family, and sending twin 9-year-old girls to Children's Hospital in Boston, police said.

Police allege Shealey smelled of alcohol and did not have a valid driver's license.

Cox Media Group