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Warren man sentenced to 10 days in jail for accident that killed Howland woman one year ago
By Ed Runyan
WARREN
Patrick Niess, the now-21-year-old college student who hit and killed a pedestrian on King-Graves Road a year ago, was taken away in handcuffs Wednesday to begin serving a 10-day jail sentence.
Judge Thomas Gysegem of Warren Municipal Court ordered the jail time, a $750 fine, one-year driver’s license suspension, five years’ probation and 200 hours of community service after Niess pleaded guilty earlier to misdemeanor vehicular manslaughter.
Niess said he fell asleep and didn’t see Antoinette Ross, 55, of Sanctuary Trail, who Judge Gysgem said was well off the road when Niess’ car hit her.
His vehicle hit Ross shortly after it left the road and traveled another 450 feet before coming to a stop after hitting two more culverts and a road sign, according to the Ohio State Highway Patrol, which investigated.
Niess’ attorney, Joseph Patituce, argued that Niess would not have been able to see Ross even if he had been awake because of her being several feet below ground level — in the ditch beside the road.
He said Niess had been studying for an exam and was driving home from his girlfriend’s house in Sharpsville, Pa., at the time of the accident.
But Judge Gysegem asked Niess several questions, including whether Niess was tired when he drove home. Niess said he did not think he was and had gotten sufficient sleep the night before.
Judge Gysegem said he had studied the accident reconstruction sufficiently to be “absolutely convinced” that the color of Ross’ clothing or where she was walking had “absolutely nothing to do” with the reason she was hit by the car.
Timothy Piero, an assistant Portage County prosecutor who served as special prosecutor in the case, asked Judge Gysegem to sentence Niess to 45 days in jail, 60 days of house arrest and probation.
“Whereas this defendant may serve a matter of days in jail, judge, this family has received a life sentence from this defendant,” he said.
“While we may call this an accident in everyday language, the fact of the matter is this crash, her loss was completely preventable,” adding that Niess told a police officer the night of the crash that he “must have dozed off and must have gone off the road.”
Piero said Niess “knew he was tired when he left the house. He knew he was tired when he got into the car. He knew he was tired when he turned the ignition, and he knew he was tired when he was driving down the road. At any of these points, he could have simply pulled off the road.”
Piero said the evidence showed that the crash occurred “6 feet off of the road, 6 feet from the edge of King Graves Road ... to the point of impact.”
Piero said the fact that Niess kept going hundreds of feet after hitting Ross indicates he was “soundly” asleep.
Kevin Ross, son of the victim, said Niess made a decision to drive that night “with no regard for the effects it may have on others.”
He added, “There will never be more holiday celebrations, birthday parties or family gatherings to share, the opportunities to say ‘I love you,’ to share the laughter, to feel the warmth of hugs, to listen to guidance and advice.”