Suspect in North East fire policeman's death free from house arrest; Nov. trial date set

An Erie man accused of causing the death of a fire policeman in an August 2023 traffic accident at a crash scene in North East Township will no longer be under court-ordered detention as the criminal case against him advances to trial.

Erie County Judge Daniel Brabender on Thursday ordered Dawann M. Simmons released from house arrest on ankle monitor as Simmons awaits trial on charges in the Aug. 20, 2023, accident that caused the death of Shawn Giles, 53, a fire policeman with the Fuller Hose Co. in North East. The Pennsylvania State Police accuse Simmons of speeding and of disregarding emergency responders at the scene of a traffic accident along West Main Road at Brickyard Road when his car struck Giles, who was directing traffic at the accident scene.

Simmons, 42, had been on electronic monitoring since mid-April, when the $200,000 bond holding him in the Erie County Prison since his arraignment was reduced to a $1 nominal bond. Chief Deputy District Attorney Steven Liboski objected to removing Simmons from house arrest Thursday, telling Brabender that with the serious charges Simmons faces, there is strong motivation for him to flee.

Brabender said the only reason for bond is to ensure the safety of the community and ensure Simmons appears in court, and Simmons hasn't committed any crimes and has always appeared for hearings.

Liboski said after the hearing that his office intends to file a motion asking Brabender to reconsider his ruling.

The trial for Simmons was scheduled to begin earlier this week, with Simmons expected to represent himself at trial. But the trial was postponed as jury selection was underway Monday afternoon, with Brabender appointing new legal representation for Simmons. Erie lawyer Raasheja Page was appointed as Simmons' counsel earlier this week.

Simmons was previously represented by Wayne Johnson, an assistant public defender, and Keith Clelland, but both were permitted to withdraw from the case.

The trial for Simmons is now scheduled to begin with jury selection on Nov. 12.

Simmons is facing charges including felony counts of homicide by vehicle and homicide by vehicle while not properly licensed in the accident, which happened at about 12:45 p.m. on Aug. 20, 2023. Prosecutors in July withdrew driving under the influence-related charges that Simmons also initially faced in the case, citing the timing of a blood draw on Simmons that was done longer than the statutory limit of two hours following the accident.

Contact Tim Hahn at thahn@timesnews.com. Follow him on Twitter @ETNhahn.

This article originally appeared on Erie Times-News: Suspect in North East fire policeman's death released from house arrest