Warren man, 20, charged with vehicular homicide in woman’s death
By Ed Runyan
WARREN
Patrick M. Niess, 20, of Edgewood Street Northeast, pleaded not guilty Wednesday in Trumbull County Common Pleas Court to misdemeanor vehicular homicide in the death of pedestrian Antoinette Ross of Howland.
Niess was released after posting $2,500 bond. A Trumbull County grand jury indicted him earlier Wednesday, remanding the case to Warren Municipal Court for further proceedings. If convicted, he could get up to six months in jail.
Ross, 55, was killed after Niess’ vehicle left the right side of King Graves Road in Howland at 9:52 p.m. Dec. 8 and hit her, according to a report from the Ohio State Highway Patrol. Investigators believe Niess had fallen asleep at the wheel and didn’t realize he had struck Ross.
Ross, 55, of Sanctuary Trail in Howland, was walking near the edge of the road and apparently tried to avoid the collision by moving into the ditch, the report said
Howland police, who initially investigated when it appeared that the accident only involved Niess’ vehicle, didn’t realize anyone had been hit. Ross’ body was found the next morning by passers-by.
Troopers concluded in late February, after all investigative materials had been gathered in the case, that Ross was struck while in the roadside ditch, according to their report.
“The evidence suggests that [Ross] was attempting to avoid [the oncoming sport utility vehicle] by exiting the roadway and entering the ditch,” the report said.
The Howland police officer who spoke with Niess on Dec. 8 said Niess did not appear to be impaired other than “possible fatigue.” Niess was not tested for intoxication and declined to be interviewed the next day.
A test of Ross’ blood showed no drug use, but her blood-alcohol level was 0.230, according to the state patrol. She was not driving, but the legal limit in Ohio for an intoxicated driver is 0.08.
Ross, also known as “Toni,” was the wife of John A. Ross II of Howland, a mother of four and a Niles McKinley High School graduate. She was a registered nurse at St. Joseph Health Center in Warren. Starting in 2004, she was a nurse at Howland Glen Elementary School in Howland.
Before Howland police realized Niess’ vehicle was involved in a fatality, they had it towed from the scene. It had two flat tires on the right side and damage to the undercarriage, front, right side and left-front area. Niess indicated he was not injured and said he was driving 45 miles per hour.
At 8 a.m. the next day, passers-by found Ross’ body.
Niess’ vehicle struck Ross, the ditch, a culvert and a road sign before coming to rest about 450 feet west of where Ross’ body was found, the highway patrol said.
The patrol turned over its completed report to the Trumbull County Prosecutor’s office several weeks ago, and prosecutors presented the case to the grand jury.
Mike Burnett, an assistant Trumbull County prosecutor, said the prosecutor’s office presents every traffic fatality to the grand jury for a determination on charges.
King Graves Road in that area, about a mile from Ross’ home, has a narrow pavement berm and almost no gravel berm.
Investigators were aided in identifying Ross through the use of her cellphone. She also had keys with her, investigators said.
Family members told investigators Ross frequently walked in that area, but they didn’t know if she had been walking that night. The temperature was around 25 degrees.