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.