she-it! Drive recklessly, kill a rider...it's a misdemeanor?

[PeteSC]

Crash death charge reduced
Misdemeanor plea outrages family, boyfriend

By Sharon Coolidge
Enquirer staff writer


Family members of crash victim Nina Volz, including her father, Robert Volz (center) and mother, Sallie Volz, front row at right, cram into Hamilton County Common Pleas Court on Friday.
The Enquirer/Gary Landers
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VEHICULAR HOMICIDE: FELONY VS. MISDEMEANOR
Felony aggravated vehicular homicide: Causing a death while driving recklessly or under the influence of alcohol. The driver was indifferent to consequences of the driver's actions or disregarded a known risk. This is often used in cases where somebody was speeding in excess of 100 mph, drag racing or fleeing police.

Misdemeanor vehicular homicide: Causing a death while driving negligently. The driver had a substantial lapse in due care and failed to perceive or avoid a risk. This charge is often used in cases where somebody fails to yield right of way or runs a stop sign. It's up to police at the scene of a crash to give the case to the county prosecutor's office, which can present the case to a grand jury for felony charges. Misdemeanor charges can be filed in municipal court.
 
Hamilton County prosecutors dismissed felony charges Friday against a man accused of causing a fatal accident and allowed him to plead guilty to a misdemeanor, prompting outrage from the victim's family and the victim's boyfriend, who also was injured.

Assistant Hamilton County Prosecutor Judy Mullen said the aggravated vehicular homicide charge against Steven Willhoite should never have proceeded as a felony.

She said the ethical thing to do was to reduce that charge from a felony to misdemeanor vehicular homicide.

Willhoite pleaded guilty and Hamilton County Common Pleas Court Judge Charles J. Kubicki convicted him on the charge. Sentencing is scheduled next month.

The misdemeanor charge is punishable by up to six months in jail and a $1,000 fine. Three other charges were dismissed. They related to Nina Volz, 21, who died, and her boyfriend, Jason Kasley. She was a passenger on his motorcycle.

"I suffered more than 180 days, he should too," said Kasley, who was driving the motorcycle when Willhoite broadsided it on Madison Road near Rookwood Pavilion. Kasley spent three weeks in the hospital and another three months in a wheelchair, he said. His right leg is partially paralyzed and he walks with a limp.

Authorities charged Willhoite with the felony because they believed he was driving under the influence of marijuana. Tests later showed that was a mistake, but charges were never reduced.

Ohio law says the person who caused a fatal crash can face felony charges if the person's actions are deemed reckless or if the person is under the influence of drugs or alcohol.

On Aug. 14, Kasley and Volz were driving west on Madison Road. Willhoite, 36, of Florence, was driving a truck east on Madison Road, heading to LaRosa's Pizza, when he cut across traffic to make a left turn into the restaurant, according to court records. As Willhoite crossed the road he broadsided the motorcycle. Just before the 8:55 p.m. crash, other motorists reported seeing Willhoite tailgating other drivers, failing to stay in his lane and speeding, the records said.

Two tests showed Willhoite had a small amount of alcohol in his system, but it did not exceed Ohio's legal limit.

Willhoite's lawyer, Merlyn Shiverdecker, declined to comment.

Kubicki noted that the family was upset. But, he said, "based on the facts, but by no means losing sight that a young woman lost her life, the court will accept the plea."

Volz' mother, Sallie Volz, cried through the hearing.

"I feel hopeless, there are no words," she said. "I guess I have to accept it."

[BBurton]

Crazy Ohio laws!!!