GIRARD Driver, 76, loses license, receives probation



The victim's brother says the defendant shouldn't have been driving.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
GIRARD -- A 76-year-old woman who struck and killed a pedestrian in the middle of State Street has had her driver's license suspended indefinitely.
Municipal Judge Michael A. Bernard also placed Ethel Macchio, of South Davis Street, on probation for a year.
Macchio struck and killed Michelle R. Touart, 37, of Dearborn Avenue, shortly after midnight July 6 as she was driving to work.
After striking Touart, Macchio got out of her car, looked at Touart, got back into her car and went to work at a local tavern that she cleaned, police said.
"That's crude. You don't do that to your worst enemy. You shouldn't even have been driving," the victim's brother, Vincent Touart of Warren, told Macchio during her sentencing Wednesday.
"I don't know what happened," Macchio replied in a frail voice.
Agreement
In an agreement worked out with the police and prosecutor by her attorney, Gus K. Theofilos of Youngstown, Macchio pleaded no contest and was found guilty of leaving the scene of an accident, which was reduced from a felony to a misdemeanor.
A misdemeanor charge of vehicular manslaughter was dismissed.
Judge Bernard retained jurisdiction over Macchio's driver's license. The judge said it won't be returned to her unless she can demonstrate that she can drive.
Vincent Touart said after the hearing that Macchio's family should not have permitted her to drive.
"You just don't leave someone to die," he said.
He would not comment on the sentence.
City police Capt. Frank Bigowsky, who investigated the case, said he went along with the plea agreement because of the mitigating circumstances.
He pointed out that Touart was in the middle of State Street when struck. If Macchio had not left the scene, she may not have been charged with vehicular manslaughter, he said.
yovich@vindy.com