An Earl Township man charged with killing a man in a near-head-on traffic collision as he was driving drunk and high through a torrential downpour will have his case proceed to county court after waiving his preliminary hearing last month.

Luis Gustavo Cruz, of the 400 block of Jared Way, waived his preliminary hearing before Judge Denise Commins on Sept. 30 on charges of homicide by vehicle while driving under the influence, homicide by vehicle, three counts of driving under the influence and three summary traffic offenses.

Cruz, 31, is accused of crashing his car nearly head-on into another vehicle driven by 72-year-old Ralph Groff in the 2000 block of Horseshoe Road in East Lampeter Township the evening of May 3. Cruz is further accused of being under the influence of an amalgamation of drugs and alcohol at the time.

First responders pronounced Groff dead at the scene of the collision.

In an initial interview with police Cruz claimed he was traveling about 40 mph when Groff crossed into oncoming traffic and struck him nearly head-on shortly after 10 p.m.

Surveillance footage, however, showed Cruz crossing into oncoming traffic where he struck Groff.

An analysis of Cruz’s vehicle showed that he was traveling nearly 70 mph in a 50 mph zone mere seconds before the crash.

Blood draws taken about half an hour after the crash allege that Cruz was under the influence of cocaine and THC and had a blood alcohol content of 0.052%.

Neither Cruz nor his juvenile son seated in the front passenger seat of his vehicle were wearing seatbelts at the time of the collision.

Cruz is currently free on $50,000 unsecured bail.

East Lampeter Township Police Officer Ryan Heistand filed the charges.

Assistant District Attorney Chris Miller will prosecute the case.

All defendants are presumed innocent until proven guilty.