Akron Man Convicted of Vehicular Homicide

Ference D. Schmidt of Hametown Road in Akron was found guilty by Judge James L. Kimbler in a non-jury trial. Judge Kimbler found that Mr. Schmidt committed two counts of Aggravated Vehicular Homicide and one count of Aggravated Vehicular Assault on October 8, 2010. The charge of Aggravated Vehicular Homicide is a felony of the third degree and the charge of Aggravated Vehicular Assault is a felony of the fourth degree.

The non-jury trial started on Monday, May 17 and the evidence concluded on Wednesday, May 19. Judge Kimbler then took the case under advisement and announced his decision on Thursday, May 20.

The evidence established that Mr. Schmidt was on his way to Dragway 42 in West Salem, Ohio, with three of his friends. He was driving a 2008 Dodge Charger, which he had just purchased on October 1. The car was capable of going 170 miles per hour and had a engine that produced 396 horsepower.

Mr. Schmidt was traveling westbound on US 224 in Harrisville Township when he struck a van being operated by a Mr. Lawrence Erb. Mr. Erb and his wife were in the van and were crossing US 224 at the Harris Road intersection. According to witnesses the Erb van was visible at a distance of over 1000 feet from the intersection going westbound. The van had cleared the eastbound lanes and was in the driving lane of the westbound lanes when the collision took place.

According to the airbag command module, the Charger was traveling at a speed of 124 miles per hour five seconds before the crash and was going at 117 miles per hour when the brakes were applied 2.8 seconds before the crash. At the time of the crash the Charger was traveling at a speed of 75 miles per hour. Mr. and Mrs. Erb were killed in the crash and one of Mr. Schmidt's passengers was hospitalized for seven days.

Following the announcement of the verdict, the State made a motion to revoke Mr. Schmidt's bond. Judge Kimbler granted that motion, revoked his bond, and ordered a pre-sentence investigation. Judge Kimbler will impose sentence on June 17, 2010.

During the trial the State called 14 witnesses and Mr. Schmidt called six witnesses. Mr. Schdmidt did not testify. Over 120 exhibits were introduced into evidence. The State was represented by Medina County Prosecuting Attorney Dean Holman and Assistant Medina County Prosecuting Attorney Joe Deangelo. Mr. Schmidt was represented by Attorney Lawrence Whitney of Akron, Ohio.