Driver in fatality sentenced to 5 years

By John W. Goodwin Jr.

The man never will be permitted to drive again.

YOUNGSTOWN — The man behind the wheel of a car in an accident that killed his friend will spend the next five years in prison.

A Mahoning County grand jury indicted Scott Johnson, 37, of Ascot Court, in 2009 on a first-degree felony charge of vehicular homicide, a second-degree felony charge of vehicular assault and misdemeanor charges of driving under the influence and driving under suspension. He faced up to 18 years in prison on the original charges.

Johnson pleaded guilty in November to one count of vehicular homicide and one count of aggravated vehicular homicide. Both charges are third-degree felonies. He could have been sentenced to up to 10 years in prison.

Johnson appeared for sentencing Thursday before Judge R. Scott Krichbaum of Mahoning County Common Pleas Court.

Judge Krichbaum sentenced him to three years in prison for vehicular homicide and a consecutive two years in prison for aggravated vehicular assault. Johnson also must serve three years on parole upon his release.

The judge also permanently suspended Johnson’s driver’s license.

Johnson was driving on Robinson Road in Campbell about 12:30 p.m. July 11 when he hit another vehicle, traveled the wrong way down a one-way street and ultimately crashed into the side of a business on Robinson.

Johnson’s front-seat passenger, Robert L. Killing Jr., 52, of Henn-Hyde Road, Howland, died.

Johnson and his rear-seat passenger, Craig J. Davis, 24, of North Salem-Warren Road, North Jackson, were injured and taken to St. Elizabeth Health Center.

Johnson refused a drug and alcohol test at the hospital, but J. Michael Thompson, an assistant county prosecutor, said Johnson had marijuana, cocaine, opiates and methadone in his system at the time of the accident.

Rhea Maher, Killing’s sister, addressed the court before Johnson’s sentencing asking for a sentence suitable to the pain her family has endured. She also told the judge that her brother and Davis, as recounted by Davis, begged Johnson to slow down just before the accident.

“In my opinion, Mr. Johnson used his car like a criminal uses a gun. He used it as a weapon,” Maher said. “He took someone that I love dearly and will not get back.”

Atty. Scott Essad, representing Johnson, read a statement from Killing’s longtime girlfriend asking the court not to impose any jail time on Johnson. She said sending Johnson to jail is not something Killing would have wanted.

Johnson, who shed tears continually throughout the hearing, apologized to the families of his victims but said he had only a small amount of drugs in his system at the time of the accident. He said the substances in his system did not contribute to the accident.

Judge Krichbaum, however, disagreed with Johnson, saying he would find it hard to believe the substances did not contribute to the accident.

He also made mention of Johnson’s criminal history, which includes drug charges, failure to obey a police officer and multiple probation violations.

Before sentencing, Judge Krichbaum also made mention of reports that Johnson was begged by his passengers to slow down before the accident and did not do so.

“This is not like a regular, if there is such a thing, normal vehicular homicide. This is different; this is worse,” the judge said.

jgoodwin@vindy.com