Trial Begins for Ohio Firefighter in Fatal Crash
Source The Blade, Toledo, Ohio
PORT CLINTON, Ohio -- Just minutes after alerting Portage Fire District firefighters that a ladder truck was needed at a structure fire in Clay Center, Ottawa County Sheriff's dispatcher Heather Deibel took a 911 call regarding a traffic crash on State Rt. 19 south of Oak Harbor.
Timothy Johnson -- a veteran Portage District firefighter responding to the call for a ladder truck -- had smashed into the back of a car attempting to turn left from State Rt. 19 onto Portage River South Road. The victims were bleeding, the caller said, though he didn't know how badly they were hurt.
A jury seated Monday in Ottawa County Common Pleas Court listened to the recording of the dispatcher's instructions to the local fire department then heard the call from a passer-by who came upon the deadly crash.
Mr. Johnson, 42, of Oak Harbor, is charged with aggravated vehicular homicide for the July 16, 2010, death of Ian Huffman, 24, of Elmore, a front-seat passenger in the car driven by his girlfriend, Olivia Duty, now 21, of Woodville.
Ken Egbert, a special prosecutor, told the jury during his opening statements that the crash was "an avoidable tragedy" brought about by Mr. Johnson's decision to drive at "a grossly excessive speed on a two-lane state highway at night, about 11 o'clock at night, in a no passing zone -- a double-yellow no passing zone."
He said the airbag control module in Mr. Johnson's pickup -- a device similar to a black box in an airplane -- would show how Mr. Johnson had disregarded public safety while responding to the fire call. His own fire department's policy states that firefighters are permitted to drive 10 mph over the speed limit when responding to a call, Mr. Egbert said.
"The state is going to present evidence to show the defendant, Mr. Johnson, did not use due regard for safety at all but ... was going 98 mph five seconds before this crash, 98 mph four seconds before the crash, 97 mph three seconds before the crash, 96 mph two seconds before the crash, and 83 mph a second before the crash -- just within moments of when the impact took place," Mr. Egbert said.
Mr. Johnson's attorney, Dean Henry, advised the jury to be cautious about prosecutors' claims about excessive speed.
"Was he going fast? Yes," Mr. Henry said. "Was he going 98 mph? That is a disputed matter. When Mr. Johnson was asked to give a statement to the highway patrol -- what do you think your speed was? -- his estimate was approximately 70 mph."
Mr. Henry directed jurors' attention to the location of Ms. Duty's car just prior to the crash, suggesting that she had failed to stop and observe Mr. Johnson's pickup coming down the road -- flashing light and siren activated -- when she first turned onto Route 19 from County Road 17. Mr. Henry also said Ms. Duty crossed the center line and began making her turn from Route 19 onto Portage River South Road before she had actually reached the intersection.
"She did what is euphemistically called a curb cut," he said.
Mr. Johnson had swerved to the left to try to avoid hitting her, Mr. Henry said, and then Ms. Duty turned left in front of him, Mr. Henry said.
Neither Mr. Johnson or Ms. Duty had alcohol or drugs present in their systems the night of the crash -- a fact the defense and prosecution stipulated to in advance of the trial.
After the jury was selected Monday morning, jurors were taken to the scene of the crash -- a location in Salem Township just south of Oak Harbor where County Road 17 intersects with State Rt. 19 from the east in a "T." To the west, Portage River South Road also forms a "T" at Route 19 a little farther down the road.
Testimony was to resume at 8:30 a.m. Tuesday.
McClatchy-Tribune News Service
