Victoria R. Spear, 21, of Grant Street in Galion Ohio, appeared in Judge Kimbler's courtroom on Tuesday, February 15, 2011, and changed her plea to two counts of Aggravated Vehicular Homicide for causing the death of a passenger in her car on July 17, 2010 on Jeffery Road in Medina County. The Grand Jury issued two charges for her passenger's death.
One charge was for causing the death of her friend by operating her car while she was under the influence of alcohol. The other was for recklessly operating her car and causing her passenger's death. The first charge is a second degree felony and carries a mandatory prison of between two and eight years. The second charge is a third degree felony and carries a prison term of between one and five years. While Ms. Spear can be charged with both counts, and found guilty of both, she can only be sentenced on one charge. During the change of plea hearing, the assistant prosecutor representing the State told Judge Kimbler that the State will choose to have her sentenced on the second degree felony.
Ms. Spear changed her plea on each charge from "not guilty" to "no contest." Judge Kimbler then found her guilty of both charges and referred her for a presentence investigation. Judge Kimbler will impose sentence on March 24, 2011. Since the State did not make a motion for bond revocation, Judge Kimbler continued her bond until sentencing.
Showing posts with label aggravated vehicular homicide. Show all posts
Showing posts with label aggravated vehicular homicide. Show all posts
Thursday, February 17, 2011
Thursday, June 17, 2010
Akron Man Sentenced to Eight Years in Prison for Aggravated Vehicular Homicide
On Thursday, June 17, 2010, Judge James L. Kimbler sentenced Mr. Ferenc D. Schmidt of Akron, Ohio, to eight years in prison for two counts of Aggravated Vehicular Homicide and one count of Aggravated Vehicular Assault. On the two counts of Aggravated Vehicular Homicide Judge Kimbler imposed a four year sentence on each count and ran them consecutively. On the one count of Aggravated Vehicular Assault Judge Kimbler sentenced him to one year in prison, but ran that sentence concurrently with the prison sentences for the Aggravated Vehicular Homicides.
The charges against Mr. Schmidt rose out of an automobile collision on October 10, 2008 that occurred on US Route 224 in Harrisville Township. Mr. Schmidt, who was traveling with three of his friends in his Dodge Charger to Dragway 42, struck a van that was driven by Lawrence Erb. Mr. Erb's wife, Betty, was a passenger in the van. At the time of the impact, Mr. Erb was crossing US 224 while heading north on Harris Road.
Evidence admitted during the trial established that five seconds before the collision Mr. Schmidt was traveling at a speed of 124 mph. When he actually struck the van, his Charger was traveling around 75 mph. Mr. and Mrs. Erb were pronounced dead at the scene and one of Mr. Schmidt's passenger was life-flighted to Akron General Hospital.
At the sentencing hearing, Mr. Schmidt was visibly upset when he addressed Judge Kimbler. Prior to addressing Judge Kimbler, he asked for permission to address members of the Erb family who were present in the courtroom. He apologized to them.
After Mr. Schmidt was done addressing the court, Judge Kimbler imposed the eight year prison sentence and also imposed a mandatory three year period of post-release control. Judge Kimbler suspended Mr. Schmidt's license for 20 years. Judge Kimbler waived all court costs and gave Mr. Schmidt credit for the thirty days he had served in jail pending sentencing.
The charges against Mr. Schmidt rose out of an automobile collision on October 10, 2008 that occurred on US Route 224 in Harrisville Township. Mr. Schmidt, who was traveling with three of his friends in his Dodge Charger to Dragway 42, struck a van that was driven by Lawrence Erb. Mr. Erb's wife, Betty, was a passenger in the van. At the time of the impact, Mr. Erb was crossing US 224 while heading north on Harris Road.
Evidence admitted during the trial established that five seconds before the collision Mr. Schmidt was traveling at a speed of 124 mph. When he actually struck the van, his Charger was traveling around 75 mph. Mr. and Mrs. Erb were pronounced dead at the scene and one of Mr. Schmidt's passenger was life-flighted to Akron General Hospital.
At the sentencing hearing, Mr. Schmidt was visibly upset when he addressed Judge Kimbler. Prior to addressing Judge Kimbler, he asked for permission to address members of the Erb family who were present in the courtroom. He apologized to them.
After Mr. Schmidt was done addressing the court, Judge Kimbler imposed the eight year prison sentence and also imposed a mandatory three year period of post-release control. Judge Kimbler suspended Mr. Schmidt's license for 20 years. Judge Kimbler waived all court costs and gave Mr. Schmidt credit for the thirty days he had served in jail pending sentencing.
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