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UPDATE: Man Charged with Death by Auto in Bennetts Crossing Crash

Accidents | Sat, 09/12/2009 - 7:48 pm | Read 15093 | Commented 43 | Emailed 27
Tags: erma, Fatal Crash, Fatal DWI

By Harry B. Scheeler Jr.

Photos & Video by: Harry B. Scheeler, Jr.

ERMA— Police have charged John J. Lawless, 37 of Pennsylvania with death by auto, two counts of assault, driving while intoxicated, operating a motor vehicle with a suspended driver's license, reckless driving and failure to maintain a single lane, in connection with the fatal crash that occurred here on Route 9 and Bennetts crossing at around 8:30 p.m. on Saturday, Sept 12, according to police. Police said Lawless had his Pennsylvania driver's license suspended in 2001 and he had a history of druken driving arrests.

Fredrick H. Shelton, 50, was pronounced dead on scene, his wife Sheri, 44, and his 13-year-old daughter, who were passengers in Shelton's car were transported to area trauma centers. Sheri is reported to be in critical condition at Atlanticare Regional Medical Center in Atlantic City.

The following is from Lower Township Police:
On Saturday, Sept. 12 at approximately 8:30 p.m. Lower Township Police received multiple 9-1-1 calls reporting a head-on collision near the intersection of Bennett’s Crossing and Route 9 in the Erma.

Patrol officers reported a two-car motor vehicle, head-on accident with multiple victims and entrapment.

Lower Township Rescue Squad and Paramedics along with Erma and Villas Fire Department personnel were dispatched to assist with emergency medical treatment and removal of victims from the vehicles.

Patrol officers, firefighters, and rescue personnel performed CPR on the driver of one of the vehicles identified as Fredrick H. Shelton, 50, of the 300 block of Route 9, Erma while the victim was still inside the vehicle.

Despite rescue efforts, Shelton was pronounced at the scene by paramedics via telemetry
at approximately 8:44 p.m.

Lower Township Rescue squad had three ambulances on scene and requested two medevac helicopters to respond as well. Those helicopters were grounded due to weather conditions.

Lower Township Police accident investigators then requested assistance from the Cape May County Prosecutors Office Fatal Accident Investigation Unit.

Investigation on scene determined that Shelton’s motor vehicle, a green 1995 Ford Escort, was proceeding south on Route 9 approaching the intersection of Bennett’s Crossing with Sheri Shelton, 44, as a front seat Passenger and the Sheltons’ 13-year-old daughter in the rear passenger seat.

At that time a red 2000 Chrysler Sebring convertible driven by John J. Lawless, 37, of Caster Avenue, Philadelphia was proceeding north bound on Route 9 approaching the intersection of Bennett’s Crossing when Lawless’ vehicle failed to negotiate a slight curve in the roadway and entered the southbound lane of Route 9 forcing a motor vehicle traveling in front of the Sheltons’ vehicle off of the roadway.

Lawless’ motor vehicle collided with the Sheltons’ vehicle nearly head on striking the front driver’s side of Shelton’s vehicle near the front tire causing it to spin partially into the southbound lane of travel.

Following the collision, Lawless’ vehicle continued past the intersection and came to rest facing west bound straddling the north bound and south bound lanes.

Sheri Shelton was transported by Lower Township Rescue Squad to the AtlantiCare Regional Trauma Center where she was listed in critical condition after emergency surgery.

The Sheltons’ 13-year-old daughter was initially transported by the Lower Township Rescue Squad to Cape Regional Medical Center where she was stabilized then air lifted to Cooper University Hospital in Camden.

Lawless, who allegedly had a strong odor of alcoholic beverage on his breath, was transported to AtlantiCare Regional Trauma Center and admitted for injuries sustained in the motor vehicle accident.

Lower Township Police officers proceeded to AtlantiCare Regional Trauma Center and retrieved blood samples from Lawless as part of the investigation.

Those officers and a police chaplain then had to make notification to Sheltons’ family members, including a teenage daughter and son.

A computer check of Lawless’ driving record showed that his Pennsylvania driver’s license had been suspended since 2001 and that Lawless had multiple arrests for driving while intoxicated.

“The bottom line here is this man should not have been operating a motor vehicle on any highway, in any state based on his suspended driving privileges and record of previous DWI arrests,” stated Lower Township Police Chief Edward Donohue, who responded to the scene.

Donohue stated that Lawless’ driving history record was taken into consideration when asking the judge to set a substantial bail on Lawless’ criminal charges.

Lawless was charged with:

One count, death by auto for causing the death of Fredrick Shelton by operating a motor vehicle in a reckless manor with evidence of intoxication with a suspended driver’s license. Two counts of assault with a motor vehicle for causing serious bodily injury to Sheri Shelton and her 13-year-old daughter.

Lawless was charged with motor vehicle violations:

Driving while intoxicated.

Operating a motor vehicle with a suspended driver’s license.

Reckless driving.

Failure to maintain a single lane.

Lower Township Municipal Court Judge David Deweese set bail on the criminal charges filed against Lawless at $100,000 cash bail.

Lawless was under guard by Lower Township officers at the AtlantiCare Regional
Trauma Center. Upon release he will be transported to county jail.

The accident is under investigation by Lower Township Patrol Officer Robert Hartman, Detective Edward Dougherty, and members of the Cape May County Fatal Accident Investigation Unit.


The Lower Township Police Department Chaplains have been assisting the Shelton Family. A trust fund has been set up at Sturdy Bank in the name of The Shelton Family Trust fund. Monetary donations may be dropped at any branch. Other forms of assistance are being coordinated through the Seashore Community Church which can be contacted at 886-6196.

Contact Scheeler at hscheeler@cmcherald.com

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Comments (43)

We welcome your thoughts, stories and information related to this article.

Wed, 09/16/2009 - 7:26am - Posted by: nosurrender

Please support the Shelton Family through community support either by donating at Sturday Savings Fund Raiser or through Seashore Church of the Nazerene. Thank you.

Tue, 09/15/2009 - 6:46pm - Posted by: Steam Roller

If you look at the second to last paragraph, you will see that it says, "Lawless is under guard" in the hospital by Lower Township Officers. It has become common knowledge in this town that the township manager Mrs. McPherson his since advised the Chief of Police to cease sending and paying off duty officers to go to the hospital and guard him. She has since ordered him to send up officers who are "On duty" to guard him to save "Overtime" money. This puts the Township in jeopardy by removing a man from our streets 24 hours a day. In other words, Mrs. McPherson does not want to spend any money to guard a murderer who killed a Lower Township resident, crippled his wife and ruined several families. THIS IS AN OUTRAGE!!!!

(ED. NOTE: From the Chief of Police, "The following was posted by the Lower Township Police Department
Regarding the Township Manager having input on the security detail at the
hospital, No such order was ever given to the Chief of Police. Mrs. McPherson
has been extremely supportive of the Police Department during this tragic
incident, while the Chief of Police alone is responsible for the day to day
operations of the Police Department including assignments.
We ask that you please direct your energies towards the Shelton family at this
time as our entire community hopes for the full recovery of Mrs. Shelton and her
daughter. ")

Tue, 09/15/2009 - 6:19pm - Posted by: Earthshine

The associated press just released that Lawless had 7 PRIOR DUIS!

Tue, 09/15/2009 - 1:26pm - Posted by: itsmybirthday

There are many people on the road that do not have DLs or Ins. That is not going to change.
This was a murder. The man didn't care. he is an alcoholic. Its a self-act by a self-centered person. May God give peace to the Shelton Family.

Tue, 09/15/2009 - 1:08pm - Posted by: fiveleven

Our hearts go out to the Shelton family ~ this is a senseless tragedy. Through years of football games together I have seen nothing but love and care between each of them. It is devastating to believe that this could have been prevented 7 times previously, something has to be changed about the enforcement of drunk driving laws. I agree with many of the comments here regarding the visitors we welcome from out of town - I work on Route 47 and there has been countless deaths on that road due to people from out of town who are under the influence. I hope the Lower Township community will support and assist the Shelton family through this very difficult time. Many prayers go out to them....

Mon, 09/14/2009 - 6:58pm - Posted by: Bminaeff

My sister called me to inform me that our cousin Fred was killed by a drunk driver, and that Sheri was in critical condition, along with their daughter Saturday evening. The news of losing a family member is hard enough, but to lose them due to a drunken driver iweighs heavy in our families hearts. Throughout the years many people that I have known were either killed by drunk drivers or were killed due to their measures of driving while drunk. The community has to charge this man with murder. He knew exactly what he was doing when he got behind the wheel drunk, and he also knew he many priors getting into that vehicle. But, that did not stop him until he wiped out our family member and left his wife in critical condition, and his children to go on without a father. What a tragedy.

Mon, 09/14/2009 - 11:24am - Posted by: nosurrender

DGKNJ below calls for "no mercy" and I fully agree. I wonder if the CMC Prosecutor's office will pursue murder charges (the way they did against Trooper Higbee and involve CourtTV) for not only JOHN LAWLESS, but also for every lawyer who lied and/or twisted fact(s) to allow this man to be in a position to drink, drive and ultimately kill an innocent human being and ruin a wonderful family's life. Think that will happen?

Mon, 09/14/2009 - 9:20am - Posted by: dgknj

No mercy at sentencing. With his past record he should be charged with murder. A repeat drunk driver caused this senseless tragedy. Prayers to the family. With that being said, many of us drive past this very spot daily. With the park/fields, schools, bike path and campgrounds nearby, there should be a traffic light and warning signals there.

Mon, 09/14/2009 - 9:12am - Posted by: ekoorb1120

any update on the hopeful progress of sheri?

Mon, 09/14/2009 - 8:15am - Posted by: ozfan00

I was so sad to read the article about the Shelton family. I lived in Cape May for three years when my husband was stationed on a Coast Guard Cutter & Sheri, Fred & the kids were our best friends there. Sheri & Fred helped me get through many lonely months while my husband was gone & the kids were great friends to my daughter. Fred will be dearly missed by everyone who knew him, he was a great husband, father & friend. I will keep Sheri in my prayers that she has a speedy recovery. I would appreciate anyone who finds out any information about how she is doing to let me know. I now live in North Carolina. God Bless this family & I hope everyone will keep them in their prayers.

Mon, 09/14/2009 - 7:04am - Posted by: notperfect

Problem is if you are driving like this so often, it is not just driving. The man is a drunk. An alcolholic. Soooo in our justice system he gets a lawyer paid for by NJ taxpayers, and they give his poor pitiful story about how he can't help it, he's sick. He gets sentenced to rehab and drives again within five months. He undoubtedly didn't have insurance. I would imagaine no one lent him that car, now the victim's become responsible. Ohhhh yeah sometimes you really want jury duty.
For the Shelton's lots of prayers. Sheri is all about her family. The kids are her first priority. Praying that keeps her fighting. No one can do it better, she is their Mom. She is a caring and compassionate human and you can not help but like her.

Sun, 09/13/2009 - 7:37pm - Posted by: chondes

I can't believe this senseless act. Why was this man on the road at all? I hope he rots in jail the rest of his life and he remembers over and over what he did and how he ripped this poor family apart.

Sun, 09/13/2009 - 7:31pm - Posted by: Peachy Pie

I can't believe that Fred is gone, and at the hands of a drunk driver who was not supposed to be on the road, and with no license for previous offenses. I hope Mr. Lawless never sees the light of day again, and I pray that Sherri and her children can get through this horrible ordeal. Truly a nighmare that so senselessly happened.
It just is not fair. God Bless the Shelton family, my heart goes out to you and you are in my prayers.

Sun, 09/13/2009 - 7:27pm - Posted by: capemaycountymom

First of all, my prayers go out to the Shelton family. I didn't know them, but no one deserves such a tragedy. I wish Sheri a full and speedy recovery.

I think that this Lawless character, as with any drunk driver who causes another's death, should be charged with murder. Not death by auto, but murder. When you get behind the wheel of a car and you are drunk, you are making a decision to risk the life of every individual that crosses your path while you are driving. You are consciously putting many, many lives at risk with your selfish act, and you should be punished harshly for it. It's not hard to have a designated driver, to call a cab, or to wait until you're sober to drive.

Sun, 09/13/2009 - 7:15pm - Posted by: cubby

please pray for our local family, another victim of another reckless shoobie that thinks everything is ok if you are on vacation. i wish SOMEONE in Philly would teach these people that this is not your drunken playground....this drunk needs life in jail!

Sun, 09/13/2009 - 7:04pm - Posted by: TommyR

Lawless? Perfect name for this loser from PA. Let's hope he eventually will do some significant prison time.

Sun, 09/13/2009 - 7:03pm - Posted by: TommyR

Lawless? Perfect name for this loser from PA and P-O-S. Let's hope he eventually does some significant prison time.

Sun, 09/13/2009 - 4:45pm - Posted by: triciamarie327

I as well as alot of others had the pleasure of knowing this family in better times. My prayers are with them. This was another senseless loss of life at the hands of a drunk driver. This is a tragedy that could have been avoided. When will people learn that is never ok to drink and drive. The PA driver has ruined a family by his selfish act of getting behind the wheel. God bless Sheri and her children. I know we are all there for them.

Sun, 09/13/2009 - 4:19pm - Posted by: SoOverIt

To the person who wrote if you don't want to see it don't watch....very childish. The point is a man died. The man is someone's husband & someone's father...he's not coming home tonight, have some respect. I hope nothing tragic every touches your loved ones, Compassion was the point I was trying to make...put yourself in there place.

Sun, 09/13/2009 - 4:01pm - Posted by: SoOverIt

Please keep Sheri and her children in your prayers .That's what matter's the most right now. Sheri pulling through and her children healing ..As a small town they are one of our own.

Sun, 09/13/2009 - 2:50pm - Posted by: LWT Res

It is just heart breaking to hear this tragic news. Fred was such a nice guy and Sherri I am saying constant prayers for. As a small community many lives were touched by the Sheltons.
When my son was on the Raiders Football team Sherri was the best team Mom!!!!!! Keep her and the children in your hearts and prayers.

Why was that evil Lawless animal (with a multitude of driving offenses) able to be on a any road behind a wheel. One can only hope that every waking moment of the rest of his life he will be reminded of the devasation and loss of life he is responsible for.

Sun, 09/13/2009 - 2:40pm - Posted by: Obione

The hidden cost of Cape May tourism.......

Sun, 09/13/2009 - 2:13pm - Posted by: galdawn

Yes it was an out of towner from PA... and I have heard that he has had multiple DUIs and his license had been suspended for some time now.... i am not saying that is 100 % true just something that I have heard.

Sun, 09/13/2009 - 1:40pm - Posted by: Obione

1st there is nothing graphic about the video or the photos. Go to philly or NY and read the paper and you will see the Herald has a lot of good sense and taste. I bet any amount of money this was a out of towner prob from PA that killed yet another local.

Sun, 09/13/2009 - 1:36pm - Posted by: middles.finest

The herald always posts videos like that. if you don't want to see it..don't watch it.

Sun, 09/13/2009 - 1:07pm - Posted by: nosurrender

You will never meet a nicer family. Both parents were as involved with their children as parents can be. The mom was one of my all-time heros because she was always there for all three of her children. I've had the privledge of knowing this family for over 20 years. I remember when their first was born. The mom was always involved in the schools as volunteer and room parent for all three when they were all in elementary. I've gone on the RMT Band's trip to NYC with her and to watch her with the children was amazing. I will miss my dear friend who was taken from this earth much too soon by a lousy drunk, and I've been praying for the mom ever since I found out it was them. Also pray for the children. I found myself asking why does this always happen to the nicest people, but then answered my own question: If evil things happened to evil people, it wouldn't be tragic, it would be justice. May God bless the mom, so that she may live and her children will at least have their mother.

Sun, 09/13/2009 - 12:21pm - Posted by: lmurphy

Bennet's Crossing is where the new fields are & the High School, not by the Pantry One.

Sun, 09/13/2009 - 4:14pm - Posted by: SoOverIt

I agree with a comment above ..the video is really not needed, and the fact that you also posted it on Utube which seems to be something Harry B. Scheeler,.seems to do with the stories carrying his name. This is some one's loved one. What if it were your loved one? Show some compassion for the victims and their families..

All Herald news videos are posted to the Herald's Youtube channel. -Harry B. Scheeler, Jr.

Maybe that is someting that should have more thought put into . I and it's only my opion is that it's a hard thing for families out there to see. It was not graphic, I didn't say it was, It's just sad and I think there should me more compassion for the families and the vicitms. But to having it played out for all to see..the tarp dreaped over the car and the camera going back and forth over it? Someone else commented also..So it does bother people.. It's just a horrible reminder. I believe there is news reporting and then there is use of Utube.

Sun, 09/13/2009 - 12:16pm - Posted by: SoOverIt

My thoughts and prayers go out to the Shelton Family during this tragic time. I feel so sorry for the children who have lost their father as their mother lays in Critical Conditon. It is a shame that drunk drivers don't think before they get behind a wheel.someone has to die for them to learn a lesson and then even then It doesn't sink in.

.

Sun, 09/13/2009 - 11:55am - Posted by: tinacardaci

So sad!!!! God Bless you you are in my thoughts!!!!!

Sun, 09/13/2009 - 11:07am - Posted by: Shortyforlife

My thoughts and prayers are with the family at their time of need.

I feel that the hearld should remove the end of the video because it has them zooming in on the car with the falality in for some time. They should no be able to post things like that. I feel the pictures are good enough.

Sun, 09/13/2009 - 10:37am - Posted by: mauragreen

I was in a major car accident at this intersection a little over 4 years ago. I was seriously injured and suffered a brain injury that still affects me to this day. Even though the driver was drunk, if a light was there, this accident MAY have been avoided. Regardless, a traffic light is completely necessary at this intersection, considering the traffic flow from the high school, bike path, and campgrounds nearby. The intersection further north on Rt. 9 near Pantry One has a light, and there is not nearly as much traffic passing through this intersection as there is at Bennett's Crossing. Putting a light here is a no brainer to me; get the ball rolling before more people die or are injured at this intersection.

Sun, 09/13/2009 - 10:36am - Posted by: Concerned resident

I know The one family that was involved in this Fatal accident and I am at a loss for words they are such nice people and I hope that the other members pull through this and they can help one another through this as I have been through a tragedy myself I know your family members and friends are your best support.. I hope that the mother pulls through as she is in crictical condition. My heart goes out to the children as they are around the same age as my own children I can only imagine what they are going through and hope they have family and friends to help them through this very tragedic time. Please know that we are all keeping you close at heart and in our prayers.

Sun, 09/13/2009 - 10:10am - Posted by: middles.finest

it was just a matter of time another person got killed by a drunk driver.i think its the first one this year, but last year i'm going to say at least 6 people died because somebody else was under the influence of drugs or alcohol...including a kid i went to school with. these people need to go away for the rest of their lives and maybe it will teach everybody who drinks and drives not to. i think that's the only way.

Sat, 09/12/2009 - 11:26pm - Posted by: galdawn

This is so sad! Why must people continue to drink and drive! I am so sorry for the victims in this accident.

Sat, 09/12/2009 - 11:19pm - Posted by: Androo961

No there is no light. It is the crossing that is right on the train tracks. No traffic light there.

Sat, 09/12/2009 - 11:19pm - Posted by: tessa

I personally know the people who were involved in this accident(the family that lost a loved one). This accident was not caused by a lack of a traffic light, but was caused by a DRUNK DRIVER! So sad that children have lost their father and a woman has lost her husband because someone was so irresponsible.

Sat, 09/12/2009 - 11:17pm - Posted by: mcpherson106

If im nt mistaken bennits crossing in the intersection where the light is... down by pantry one.. My prayers are with everyone involved!!

Sat, 09/12/2009 - 11:15pm - Posted by: Androo961

A man and a woman were hit by a drunk driver here and the man and woman who were driving the car was my brother's friend's parents. The father died. And the mother is in critical condition. The child's name I believe is Fred last name I do not know. My brother was with Fred at the time of the accident with some other friends. Fred left and then I believe my brother and the others went to the hospital to go be with him. All because one drunk couldn't stay off the road. As for the mother... I hope she makes it.. thought and prayers are with them.

Sat, 09/12/2009 - 10:06pm - Posted by: Angelique1969

Does anyone know what happened or who the victims are as of yet? There was a game tonight and I am hoping that all of my friends and family made it home safe. This is so sad. I feel for the families involved. I agree that a traffic light is necessary. How many more accidents have to happen before they install a traffic light at this very busy and very dangerous intersection?

Sat, 09/12/2009 - 9:55pm - Posted by: chondes

I live right around the corner from this intersection. Between cars not slowing down, the campground traffic coming in and out, watching for people on the bike path and people coming over the railroad tracks like maniacs it's horrible. There should be a light there not by pantry. It's horrible what happened tonight my thoughts and prayers are with the family.

Sat, 09/12/2009 - 9:42pm - Posted by: stephnmike052103

My prayers are with this family.

Sat, 09/12/2009 - 8:22pm - Posted by: Peachy Pie

I was listening to this on the scanner. They said 1 fatality, and they called for the jaws to get other people out who were entrapped. They also called for 2 helicopters, but they were grounded due to the weather, so they had to take the people by ambulance to AC Medical center. Very sad.......... I hate to hear things like this. :(



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