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Opposing theories presented to jury
YOUNGSTOWN
The attorney for a Boardman man charged with an accident that killed the man’s girlfriend and seriously injured a close friend says his client is innocent.
Christopher Kelso, 31, is charged with aggravated vehicular homicide in the November 2010 death of 28-year-old Pamela Kennedy and aggravated vehicular assault for injuries sustained by 31-year-old Javier Colon. If found guilty, Kelso could spend up to 13 years in prison.
The case is being heard in the courtroom of Judge Lou A. D’Apolito of Mahoning County Common Pleas Court.
Rebecca Doherty, an assistant county prosecutor, and Atty. Ross Smith, representing Kelso, laid out opposing theories about the accident during opening statements Wednesday to the six-man, six-woman jury.
Doherty told jurors Kelso was planning a night out with Kennedy, a student and mother of two children, in November 2010. She said he decided to invite his lifelong friend Colon to join them. It was to be a going-away celebration for Colon, who was leaving the country on business.
Doherty said the trio went to a Girard bar where all three spent several hours drinking. Kelso, she said, drank several double bourbons. The trio then went to another bar in Youngstown where more alcohol was consumed, she said.
The fatal accident took place near Prospect Street and Wilson Avenues on the East Side shortly after the group left the second bar. The car swerved left of center, struck a utility pole, and landed upside down with all three trapped inside, police said.
“Christopher Kelso caused the death of Pamela Kennedy by way of committing an OVI [operating a vehicle while impaired],” Doherty said. “Unfortunately that night Christopher Kelso chose to drive that vehicle when he was over the legal limit and as a result killed Pamela Kennedy and severely injured Javier Colon. ... It was an horrific scene.”
Doherty said Kelso’s blood sample taken one hour after the accident showed a blood-alcohol level of .139, and it was taken again two hours after the accident showing a blood-alcohol level of .115. The legal intoxication limit is .08.
Smith, however, said his client is absolutely not guilty of the charges against him.
Smith told the jury he disputes the allegation that his client was drinking double bourbons before the accident. He said Kelso consumed beer before the accident. He also said Kelso was not charged with any traffic violation resulting from the accident.
Smith told jurors he intends to present expert testimony that Kelso, when weight, age and other factors are considered, was below the legal intoxication limit at the time of the accident.