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  • Writer's pictureJoe Lyons

Driver Who Was Twice the Legal Limit in Amish Buggy Crash Gets 2-Years





Driver Who Was Twice the Legal Limit in Amish Buggy Crash Gets 2-Years


I reported, back on Thursday, December 23, 2021, that the 911 center received a call about a truck vs Amish buggy crash, on State Route 96, near Township Road 1443, at 6:31 p.m.


Ashland Fire and Rescue responded, along with the Ashland County Sheriff’s Deputies. When deputies arrived on scene, they located the driver. He was identified as Jeffrey Fry, age 58, of New Haven, Ohio.


Deputies learned that the driver had rear ended the buggy, as they were traveling Westbound on SR 96. The buggy had three working, flashing lights on it, and sustained heavy damage. The driver was driving a 2010, black Dodge truck, which sustained damage to the front end.


During the interview with the driver, Jeffrey Fry, deputies detected an odor of alcohol. A field sobriety test was completed, in which the driver had failed the test.


Jeffrey Fry was arrested for (OMVI) Operating a Motor Vehicle While Under the Influence of a Drug or Alcohol, testing over the legal limit. He was also cited for Assured Clear Distance, and he was taken into custody.


Jeffrey Fry was transported to the Ashland County Jail, where he submitted to a breathalyzer test. The results showed Mr. Fry to be two times over the legal limit.


One child from the Amish buggy sustained a broken leg, the other child was life flighted to Akron Children’s Hospital with internal injuries.


Ashland County Sheriff's Office, Chief Deputy David Blake said, in a press release, “Our thoughts and prayers go to the Amish family injured in this crash.”


Jeffrey Fry was then Indicted by an Ashland County Grand Jury, to which he pled guilty, and was sentenced on August 7, 2023.


Visiting Judge, Karen DeSanto Kellogg, standing in for Judge David R. Stimpert, in a court brief, reported the following:


This matter came before the Court, on August 7, 2023 for sentencing, the Defendant having previously pled guilty to the following offense s: AGGRAVATED VEHICULAR ASSAULT, in violation of R.C. 2903.08(A)(1 )(a) and 2903.08(8)(1), a felony of the third degree and OPERATING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE OR A COMBINATION OF THEM, in violation of R.C. 4S11.19(A)(1 )(a) and 4S11.19(G)(1 )(a) , a misdemeanor of the first degree.


The State of Ohio was represented by Michael Callow, Assistant Prosecutor, and the Defendant appeared with Attorney James Joseph Mayer, Iii.



The Court reviewed the purposes of felony sentencing as set forth in R.C. 2929.11. Specifically, the Court considered that:


The overriding purposes of felony sentencing are to punish the offender and protect the public from future crime committed by the offender and others using the minimum sanctions that the Court determines accomplish those purposes, without imposing an unnecessary burden on state or local government resources.


• The Court must always consider the need for incapacitation, deterrence, rehabilitation and restitution.


• The sentence should be commensurate with, and not demeaning to, the seriousness of the offender's conduct and its impact on the victim and consistent with sentences for similar crimes by similar offenders.


• The sentence must not be based on the offender's race, ethnicity, gender or religion.


In fashioning a sentence in this case, the Court has fully considered the provisions of O.R.C. Chapter 2929, the circumstances of the offense, the information contained in the pre-sentence investigation and the information furnished by the parties to this case. Based upon the facts and circumstances in evidence, and the pre-sentence investigation, the court specifically finds that the Defendant has the future ability to be employed and to pay financial sanctions in this case.


Based upon consideration of the purposes and principles of the felony sentencing law, the statutory sentencing factors, and after weighing the above findings, this Court finds that the Defendant is NOT amenable to community control sanctions and that a prison sentence is consistent with the purposes and principles of the felony sentencing law of Ohio and that community control is not required.


SENTENCING ORDER OF THE COURT IT IS HEREBY ORDERED as follows:


1. RESIDENTIAL SANCTIONS:

a. As stated in Count One of the Indictment for the offense AGGRAVATED VEHICULAR ASSAULT in violation of R.C. 2903.08(A)(1 )(a) and 2903.08(B)(1), a felony of the third degree, the Defendant is sentenced to 18 months under the authority of the Ohio Department of Rehabilitation and Correction for placement in an appropriate penal institution and fined $5,000.00, said fine to be distributed by the Clerk of Courts pursuant to law.

b. As stated in Count Three of the Indictment for the offense OPERATING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL, A DRUG OF ABUSE OR A COMBINATION OF THEM, in violation of R.C.


4511.19(A)(1 )(a) and 4511.19(G)(1 )(a), a misdemeanor of the first degree, the Defendant is sentenced to six months under the authority of the Ohio Department of Rehabilitation and Correction for placement in an appropriate penal institution and fined $1,075.00, said fine to be distributed by the Clerk of Courts pursuant to law.


The Sentence imposed for Count One shall be served concurrently to the sentence imposed for Count Two.


The Defendant's operator's license shall be suspended for a period of Four (4) years beginning from December 23, 2021 and ending December 23, 2025.


The Court notified the Defendant of the applicable periods of post-release control and the potential consequences of a violation of post-release control. Upon completion of the prison term ordered herein, the Defendant shall serve a discretionary term of (up to) two (2) years post-release control as determined pursuant to R.C. 2967.28. If the Defendant violates the terms of post-release control, the adult parole authority may impose a more restrictive sanction, or the parole board may return the Defendant to prison for up to nine months for each violation, but not more than half of the original prison sentence. If the Defendant commits a new felony while on post release control, he may be given a prison sanction of the greater of 12 months or the time remaining on post-release control, in addition to and consecutive to any sentence received on the new felony offense.


The Defendant acknowledged his understanding of the Court's explanation of post-release control. For purpose of post-release control, the Court FINDS that the Defendant's County of residence is Huron County.


The Court informed the Defendant of his right to appeal the sentence, and of his right to court-appointed counsel to represent him in the appeal, if he were indigent. The Court further advised the Defendant of the necessity that any appeal be filed in writing with the Court within thirty (30) days of the filing of the sentencing entry of the Court.


The Defendant acknowledged an understanding of the Court's explanation of his appellate rights.


It is hereby ORDERED that the Defendant shall receive credit for 6 days of local jail time through August 7, 2023, and he shall receive one (1) day's credit for each day served while awaiting transfer to the receiving institution.


The Defendant is remanded to the custody of the Ashland County Sheriff's Office to await transportation to a state penal receiving institution. The Clerk of Courts is directed to issue a warrant of conveyance to the Ashland County Sheriff directing him to deliver the Defendant to the Ohio Department of Rehabilitation and Correction, Lorain Correctional Institution, Reception Center Grafton, Ohio, for placement in an appropriate penal institution.


Correctional Institution, Reception Center Grafton, Ohio, for placement in an appropriate penal institution.


The Defendant was subject to bond conditions which required the Defendant to pay the cost of pre-trial random drug and alcohol testing. The outstanding balance owed for said testing is $60.00. That sum shall be paid to the Ashland County Clerk of Court and shall thereafter be paid into the Probation Supervision Fund of the Court.


The Defendant is ORDERED to pay court costs in this case, including a sum of $30.00. taxed as costs pursuant to R.C. 2949.091, a sum of $25.00, taxed as court costs pursuant to R.C. 120.36, and a sum of $30.00, to be paid over to the Treasurer of the State of Ohio, pursuant to R.C. 2743.70.


It is further ORDERED that the Pre-Sentence Investigation Report shall be filed UNDER SEAL in this case.


Bond is released.

It is so ordered

Judge Karen DeSanto Kellogg




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