FATAL ACCIDENT Man receives 3 years in jail for homicide

The Austintown man's lawyer pleaded for probation, but he got prison.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Gary Davis said he has even sought help from a hypnotist, but still he has no memory of the night he ran over and killed 49-year-old Cheryl A. Rockney nearly two years ago.
Just the same, the 45-year-old father of four is going to prison for the fatal accident.
Visiting Judge Charles J. Bannon sentenced Davis to three years in prison Tuesday for aggravated vehicular homicide, to which Davis had pleaded guilty May 12.
Under the law, Davis could have gotten a minimum sentence of one year or a maximum of five years. He could also have been placed on probation, but the judge said Davis needed to be behind bars.
"You can't operate a motor vehicle and cause the death of another person. You just can't," Judge Bannon said. "And if you do, you have to pay the consequences. It's that simple."
Davis, of Cannon Road, Austintown, was accused of striking and killing Rockney, of Kenmore Court, Austintown, as she walked on the sidewalk in the 1200 block of Oak Street about midnight Aug. 22, 2002. Information supplied by witnesses led police to Davis' home shortly after the accident.
Last-minute plea
Defense attorney George Economus pleaded for probation, arguing that Davis is needed at home to raise his children, who range in age from 7 to 13.
After the sentencing, Economus asked that Davis be allowed to return home to arrange care for his children, and then report to the county jail today to await transport to prison.
Judge Bannon refused the request and ordered deputies to immediately remove Davis, which they did.
In an emotional statement to the judge, Rockney's daughter, Keri Rockney, said her mother's sudden death was a huge shock to her family and friends.
"I was two months pregnant at the time and she never knew," Rockney said.
"Her parents had to do the unthinkable and bury their child before themselves."
bjackson@vindy.com