Submitted by Friedman Nemecek on
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Attorneys Eric Long and Madelyn Grant secured a Not Guilty verdict from a Cuyahoga County Jury on April 8, 2025, after more than one week of trial in an Aggravated Vehicular Homicide case. The charge arose from an accident between the defendant’s automobile and decedent’s minibike that was being illegally driven on the road. As a result of the accident, the driver of the minibike was thrown from his bike and suffered fatal injuries while on the scene.
Less than two weeks later, the State of Ohio elected to charge the defendant with Aggravated Vehicular Homicide in violation of O.R.C. §2903.06(A)(2)(a). The indictment alleged that the defendant, while operating a motor vehicle, caused the death of the minibike rider, recklessly.
The trial focused on whether the defendant was reckless and whether the defendant caused the accident. The State of Ohio argued that the defendant knew that minibikes were racing in the area which was dark and crowded with people. The State claimed that the defendant was reckless in driving at a high rate of speed while ignoring the risk of an accident.
Under Ohio law, a person acts recklessly when, “with headless indifference to the consequences, the person disregards a substantial and unjustifiable risk that [his] conduct is likely to cause a certain result.”
Attorneys Long and Grant effectively challenged the State’s evidence including the eyewitnesses, and presented witnesses, including an expert to establish that the defendant did not have knowledge of the presence of the minibike racing prior to the accident. The defense further established that the revving of the defendant’s engine was irrelevant to what happened at the time of the accident, which occurred hundreds of feet away.
Ultimately, the jury determined that the State failed to meet its burden of proof in establishing that the defendant’s recklessness caused the death of the minibike rider.
The entire law firm of Friedman Nemecek Long & Grant appreciates the careful consideration by the jury and are thrilled that our client finally move forward with his life.
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