MILL CREEK WRECK Teen driver will face charges

Arraignment on the misdemeanor charges could come as early as Thursday.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Three vehicular manslaughter charges were to be filed today against Christiaen A. Lively, whose three friends died after his speeding car crashed in Mill Creek Park, the city prosecutor says.
The charges are misdemeanors, with a penalty of up to 90 days in jail and $750 fine on each. Felony charges against Lively, 18, of Parkwood Avenue, have been rejected -- twice -- by Mahoning County grand juries.
In late April, the case bypassed municipal court and was directly presented to a grand jury, which declined to indict on felony charges of aggravated vehicular homicide.
In May, City Prosecutor Dionne M. Almasy then filed three counts of aggravated vehicular homicide and two counts of aggravated vehicular assault against Lively. The March crash also resulted in two serious injuries.
After a preliminary hearing in municipal court, Judge Elizabeth A. Kobly found probable cause that Lively committed the five felonies charged and bound the case over to Mahoning County Common Pleas Court.
In mid-June, a new grand jury considered the case and also declined to indict Lively.
What will happen next
Almasy said once the charges are filed today, Lively will be told to turn himself in to police. He could be arraigned as early as Thursday.
Within the vehicular man-slaughter law is failure to control, Almasy said.
"He failed to control and caused three deaths," the prosecutor said. "Speed is the reason he failed to control."
Investigators determined that Lively's 1992 Chevrolet Lumina was traveling around 57 mph on West Cohasset Drive when it rammed head-on into boulders that line Axe Factory Run bridge at 11:40 p.m. March 27. The posted speed is 25 mph.
No brakes were applied before the car hit the bridge boulders, Detective Sgt. Patricia Garcar, an accident reconstructionist, testified at the preliminary hearing in May. If Lively had attempted to brake, the tires would have left skid marks, she said.
Once Lively's car started "yawing" (a side-to-side motion), he had no steering control, Garcar testified. She did tests on the roadway to determine the speed.
Crash victims
Killed in the crash were Anthony C. Childs, 18, of East Dewey Avenue and Isiah M. Thomas, 16, of St. Louis Avenue, both Cardinal Mooney High School students, and Amanda M. Ferraro, 16, of New Road, Austintown, a student at Fitch High School.
Sisters Lia Kovalchik, 16, and Karla Kovalchik, 14, of Austintown were seriously injured. Colleen Casey, 17, also of Austintown, suffered small cuts.
While Childs encouraged Lively to "put the pedal to the metal," others in the car asked him to slow down, according to court testimony.
Lively pulled Childs, killed on impact, and the Kovalchik sisters out the driver's side rear door so that Casey, whose rear passenger door wouldn't open, could get out. Ferraro and Thomas, also killed on impact, were in the front seat.
Others being investigated
Two other fatal accidents, meanwhile, remain under investigation. Findings will be turned over to Almasy.
Terrell Waller, 17, of Cain Street was killed July 10 when he ran across Hudson Avenue and was struck by a car driven by Jiyen Dent, 24, of Boardman. Patrick Braun Jr., 7, died July 19 when the bicycle he was riding near his Price Road home was struck by a Jeep driven by Mary L. Keener, 39, of Glacier Heights.
meade@vindy.com