State won’t bring charges in fatal motorcycle accident

PITTSFIELD – After nearly five months of investigation, the Somerset County District Attorney’s Office and the Pittsfield Police Department will not bring charges against the driver of a car that collided last May with a motorcycle, killing the bike’s operator.

Wayne Lary, 30, of Pittsfield was killed May 5 when his motorcycle and a 1999 Ford Expedition collided at the intersection of Route 100 and Merrimac Street shortly after 8 p.m.

The SUV driver, O’Bryan White, 17, also of Pittsfield, maintained that when he pulled onto Route 100, he never saw the headlight of the motorcycle because it was pointed skyward, “popping a wheelie,” police said.

Pittsfield Police Chief Stephen Emery said the speed of the motorcycle definitely was a factor in the accident.

“We have determined that this was simply and purely an accident,” Emery said.

Police said Lary had just left a gas station nearby and that witnesses said he was traveling at a high rate of speed. Police were unable to determine if he was on one wheel or two.

Lary held a valid driver’s license but had only a restricted motorcycle permit. He was in violation of that permit because he was driving after dark and was not wearing a helmet. He was operating a 1991 Honda CVR600.

White also had a provisional license and was prohibited from carrying passengers. He had at least three passengers in his vehicle at the time of crash, police said.