In death of dad, son seeks justice

The one-year anniversary of the case will be March 24.
By PETER H. MILLIKEN
VINDICATOR TRUMBULL STAFF
WARREN -- A Los Angeles man whose father died six months after being run over by a van is frustrated that the woman charged in the death remains free.
"I want her behind bars. She has confessed to this crime on videotape," Daniel Rudolph said of Nakieta Owens, 30, of Bane Street Southwest.
Owens is charged with aggravated vehicular homicide in the death of Frank S. Rudolph, 79, of Hubbard-Thomas Road, Hubbard. She's free on a $15,000 bond and awaiting trial almost a year after the death.
"You have evidence that ties her vehicle to the assault," Daniel Rudolph said. "I think she should be held on a bond that reflects aggravated homicide. ... If there's a standard, I don't think it's $15,000."
Owens' bond should have been increased after a superseding indictment against her on an aggravated vehicular homicide charge after Frank Rudolph's death Sept. 24, his son said. The new charge was added to a previous indictment charging Owens with vehicular assault, hit-skip and tampering with evidence in the Warren Township case.
Owens pleaded innocent to the original indictment when arraigned before Judge W. Wyatt McKay of Trumbull County Common Pleas Court on July 6, and he set bond at $15,000.
Frank Rudolph, a pedestrian, was struck March 24, 2005, in the Golden Stallion bar parking lot by a green van, which left the scene, according to the Mahoning County coroner's report.
Many injuries
Rudolph suffered multiple pelvic fractures, internal bleeding, a fractured left arm, multiple rib fractures, a collapsed lung, a fractured left ankle and head injuries, the coroner's report said. "He was in agony," his son said.
Rudolph died in St. Elizabeth Health Center six months to the day after being struck. The coroner ruled Rudolph's death a homicide and said it was because of complications from blunt force injury.
A witness said Owens hit Rudolph with her van and ran over him a second time before fleeing. Another witness said she heard some commotion in the parking lot and saw the van back up over Rudolph while he was on the ground, according to the coroner's report.
At the scene, Rudolph told police Owens lived on Bane Street and was angry because he wouldn't give her any money.
Daniel Rudolph said his father, a retired insurance agent, was dedicated to his underprivileged clients in the Warren area -- sometimes lending them money to pay rent or medical bills.
On March 28, police found the van at Owens' Bane Street residence. That day, Owens gave police a videotaped statement that she had run over Rudolph in the bar's parking lot, the coroner's report said.
Her account
She told police she wanted money from Rudolph, and he became upset and drew a gun on her. She then told police she ran from his vehicle to her van, and as she started backing up, Rudolph was behind her and she ran over him, according to the coroner's report.
When Owens was arraigned on the aggravated vehicular homicide charge Jan. 4, Judge McKay continued the $15,000 bond. She again pleaded innocent.
"The judge just went ahead and continued the bond, and I was not asked for any input on it," said David Toepfer, Trumbull County assistant prosecutor. Toepfer declined to comment on whether he thought the judge should have increased the bond during the arraignment on the new charge.
Judge McKay did not return a call seeking comment on the bond amount. Ohio jurisprudence says a judge is to consider the nature and circumstances of the charges, the weight of evidence against the defendant, and likelihood of flight to avoid prosecution when determining bond.
Appearing at the Jan. 4 arraignment with her public defender, Owens waived speedy trial requirements, and Judge McKay granted a 120-day continuance with no specified trial date. A pretrial hearing was held Feb. 15 and another is scheduled for March 15, Toepfer said.
Reasons for delay
Toepfer said the delay stemmed in part from the need to await coroner's reports and the coroner's ruling from Mahoning County. The coroner's report was filed Jan. 9 with the Mahoning County Clerk of Courts.
"The other reason is that the defense lawyer has indicated he needs more time to prepare and review the materials and potentially seek other expert witnesses to prepare his defense," Toepfer said.
Toepfer said the prosecutor's office frequently hears complaints that the wheels of justice turn slowly. "The system is what it is. We would all like to see it move faster than it does," he said. But, if the delays are justified, they ensure that the case will be tried appropriately, he said.
milliken@vindy.com