Xenia woman pleads not guilty


By Anna Bolton - adewine@civitasmedia.com



XENIA — An indictment earlier in the week led a Xenia woman, charged with aggravated vehicular homicide, to plead not guilty in Greene County Common Pleas Court March 24.

Aggravated vehicular homicide is a second-degree felony with mandatory imprisonment.

Kathy J. Smith, 63, was also charged with aggravated vehicular assault, a third-degree felony, and two counts of driving while under the influence of alcohol and/or other drugs, first-degree misdemeanors.

Attorney Peter Certo entered Smith’s plea as she was arraigned in Judge Stephen Wolaver’s courtroom under the direction of Magistrate Raymond Dundes.

Entering a plea of not guilty moves the case to a pre-trial. A pre-trial for Smith will be held April 4 and a final pre-trial will be held June 7. No jury trial is set at this time.

Smith was arrested March 21. She posted bond, set at $10,000 with a 10 percent specification, the same day.

A fatal car accident in August 2016 spurred the criminal charges.

According to the Ohio State Highway Patrol (OSHP), Smith was driving a vehicle that allegedly hit a pickup truck driven by Raymond Deyo, of Bowersville, shortly after 3:30 p.m. Aug. 27.

Deyo, 68, was pronounced dead at the scene. Smith, and Linda L. Deyo, a passenger in the truck, suffered life-threatening injuries and were hospitalized. They have since recovered.

The OSHP accident report indicated that Smith’s blood alcohol level was .343, more than four times the legal limit of .08.

A civil suit was filed Oct. 19, 2016 on behalf Linda Deyo and Raymond Deyo’s estate, according to court records. The personal injury case is still pending.

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By Anna Bolton

adewine@civitasmedia.com

Reach Anna Bolton at 937-502-4498.

Reach Anna Bolton at 937-502-4498.