A Northampton County judge denied bail to a Hanover Township man convicted of driving into a 9-year-old boy, killing him and then driving away without offering help.
Royce Atkins suffers from an ingrown toenail, a problem that sounds minor but has "become major," according to his attorney, Phil Lauer.
He asked Judge Michael Koury to release the 23-year-old on bail so he can have his family podiatrist perform surgery on the toe, cutting back skin and the cuticle and redirecting the growth of the toenail with acid.
"Currently it's causing him a great deal of difficulty and pain," Lauer said.
Atkins faces a mandatory three-year prison sentence and up to 10 years for striking Darious Condash on Nov. 6, 2015, then driving away. Witnesses said Condash dropped a piece of candy on Schoenersville Road and bent down to pick it up when Atkins drove into him.
He was convicted by a Northampton County jury in November 2016.
Assistant District Attorney Joseph Lupackino said prison doctors are capable of treating the toe. If he needs treatment from his family podiatrist, he can request a furlough, go to the doctor with county sheriffs and return to prison.
Lauer said the infected toe won't clear up if he stays in the "less-than-sanitary environment" of the prison.
"The possibility for infection is a lot higher where I'm located," said Atkins, who has grown a scruffy beard in prison. "Everyone's sick."
Defense attorney John J. McMahon Jr. argued at trial that Atkins thought he hit a deer, which is why he drove off without stopping to help.
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But two eyewitness said Condash went flying off the car within Atkins' sight. The child's eyelash was embedded into the hood and his tooth scraped it. The boy's DNA was found inches from Atkins' vantage point.
The sentence was put off at the request of Lauer, who took over the case after McMahon lost the trial. The sentencing is scheduled for March 3, which is only two weeks away. It could have taken place Friday or sooner if Lauer had not asked for more time.
Lauer said he only received the trial transcript a week ago and still needs time to review it.
Rudy Miller may be reached at rmiller@lehighvalleylive.com. Follow him on Twitter @RudyMillerLV. Find Easton area news on Facebook.
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