XENIA — A Greene County judge said he will allow certain pieces of evidence in a vehicular homicide case, for now.
Common Pleas Court Judge Stephen Wolaver Feb. 9 declined to totally throw out blood test results, medical records and potential testimony from Xenia first responders related to an Aug. 2016 vehicle accident that left a Bowersville man dead.
Kathy Smith, 64, was indicted by a Greene County Grand Jury in March 2017 on four counts stemming from a fatal accident that happened on Hussey Road. She was charged with aggravated vehicular homicide, a second-degree felony; aggravated vehicular assault, a third-degree felony, and two counts of operating a vehicle under the influence of alcohol and or other drugs, first-degree misdemeanors. She was arrested and posted bond.
Smith’s attorney, Peter Certo, filed a motion to suppress in order to prevent some evidence from being presented.
A hearing was held Jan. 12 to decide whether or not the blood test was taken in compliance with the administrative code.
“The testing was done at the hospital, not through normal police procedures … It was a medical protocol; we have no idea whether they complied with regulations … ” Certo previously said.
Wolaver ruled that whether or not that is admissible would be determined during the trial itself.
“I consider it a good day for us,” Greene County Assistant Prosecutor David Morrison said.
According to the Ohio State Highway Patrol, 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 Deyo, a passenger in the truck, suffered life-threatening injuries and were hospitalized, according to the report. Both 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.
As a procedural matter, count four — a misdemeanor charge of operating a vehicle under the influence of alcohol and/or other drugs — was dismissed.
A jury trial has been set 8:30 a.m. Monday, June 4.
Contact Scott Halasz at 937-502-4507. Staff writer Anna Bolton contributed to this story.
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