Vehicular homicide trial begins Monday


By Anna Bolton - abolton@aimmediamidwest.com



XENIA — Sixteen months after a Bowersville man was killed in a Hussey Road accident, a Xenia woman will go to trial for aggravated vehicular homicide.

Kathy Smith, 65, is charged with two counts of aggravated vehicular homicide, second-degree and third-degree felonies, one count with mandatory imprisonment; two counts of aggravated vehicular assault, third-degree and fourth-degree felonies; and operating a vehicle under the influence of alcohol and/or other drugs, a first-degree misdemeanor.

A jury trial is scheduled to begin 8:30 a.m. Monday, Jan. 28 in Judge Stephen Wolaver’s courtroom.

According to the Ohio State Highway Patrol at the time, Smith was driving a vehicle that allegedly hit a pickup truck driven by Raymond Deyo shortly after 3:30 p.m. Aug. 27, 2016. Deyo, 68, was pronounced dead at the scene. The Patrol said Smith and Linda Deyo, a passenger in the truck, suffered life-threatening injuries and were hospitalized but reportedly have recovered.

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

After Smith’s attorney, Peter Certo, filed a motion to suppress in order to prevent some evidence from being presented, hearings were held to determine whether or not the blood test was taken in compliance with the administrative code.

Wolaver ultimately declined in February 2018 to totally throw out the blood test results, medical records and potential testimony from Xenia first responders.

Xenia Municipal Court records indicate Smith was convicted of an OVI in 2013.

By Anna Bolton

abolton@aimmediamidwest.com