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Man gets six month sentence in vehicular homicide case
By Joe Gorman
YOUNGSTOWN
As a judge of the Mahoning County Common Pleas Court, Lou D’Apolito is used to wielding unaccustomed authority in his courtroom, as all judges are.
People cannot stand or speak or sometimes even leave a courtroom without a judge’s permission. But Tuesday, Judge D’Apolito said all that power was for naught as he sentenced a 21-year-old man to six months in jail for killing 18-year-old Derek Martin in a November 2011 crash.
Judge D’Apolito said he could not bring peace to Nathan Skaggs, who pleaded guilty to vehicular homicide and assault for the death of Martin; or to Martin’s father, who said a piece of his life and family was torn away forever. And, he could not bring Martin back.
“I wish I could find the right words, but I can’t,” Judge D’Apolito said. “All I am is a judge.”
Skaggs entered guilty pleas in October for the Nov. 17, 2011, death of Martin, who was riding a bicycle on Mahoning Avenue in Lake Milton and was hit by a car Skaggs was driving. Skaggs was indicted on charges of DUI and aggravated vehicular homicide in May 2012 because tests showed marijuana in his system, but the aggravated specification had to be dropped as well as the DUI charge because tests could not determine if Skaggs was under the influence of the drug when he hit Martin.
Dropping the aggravated specification from the charge made it a misdemeanor instead of a felony. Six months is the maximum sentence for a misdemeanor.
Assistant Prosecutor Nick Brevetta said the case would have been hard to take to trial, which is why the plea deal was offered. He termed the accident report one of the “friendliest” ever written in terms of its use by a defense attorney.
Skaggs had claimed he never saw Martin, and Brevetta said the report backs him up.
“Everything in the report backs up what Mr. Skaggs said about that accident,” Brevetta said.
Skaggs’ attorney, Jeffrey Kurz, said two other witnesses who spoke to the Ohio State Highway Patrol said they also almost hit Martin. He asked for probation for his client, saying he will be haunted forever by the accident.
Martin’s father, Robert Martin, said his family came over on the Mayflower and that by his son’s death, the last of the family line will be wiped out. He said he agreed to the plea bargain because he wanted to spare both families a trial.
“I just wish he would understand what he took away — a 500-year lineage,” Robert Martin said.
Robert Martin also urged Skaggs to stop using drugs. He said if he continues, he could end up in a far worse situation, in terms of what is going to happen to him.
Skaggs also apologized.
“I’m just deeply sorry, and I wish I could take it back,” Skaggs said.
Skaggs said he has stopped smoking marijuana, and Kurz said testimony would have showed that Skaggs was driving home from wrestling practice when the accident happened. Also, he had several witnesses who would have testified they spent time with Skaggs that day, and he never smoked marijuana.