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CLEVELAND – The man charged in a deadly crash at a Cleveland street fair appeared in court for his arraignment Tuesday, as we learn one of the victims’ condition was upgraded.

Timothy Spock, 35, was arraigned for the incident that killed one person and injured three others at Clifton Boulevard and West 117th Street during the “Dancing in the Street” festival Sunday night.

Spock, dressed in shorts and a T-shirt, stood before Judge Anita Lester Mays in Cleveland Municipal courtroom 3D to answer to his charges. Spock was represented by well-known defense attorney Henry Hilow, who waived a preliminary hearing and asked for a bond to be set.

Bryan Murphy, Cuyahoga County assistant prosecuting attorney, asked for a bond of $150,000, which was not contested by Hilow, and was then set by the court.

Spock has had three previous OVI convictions — and drinking or some other substance use is suspected in this case, as stated by the prosecutor. The prosecutor’s office is awaiting blood tests from Spock who had refused tests on the night of the crash.

Meanwhile, here are the latest conditions of the people injured in the incident:

– Constance Pokorny, 25, Cleveland — upgraded to fair condition

– Basil Bass, 44, Cleveland — critical condition

Kevin Lett, 37, of Akron, was treated and released from the hospital. Mitchell Andelmo, 27, of Avon Lake, was killed.

No other court date was set at this time.

Article Courtesy of WEWS NewsChannel 5