SHELBY – Gordon Eyster, Shelby’s law director and candidate for Shelby Municipal Court Judge, was issued five traffic citations including an OVI on Tuesday in connection with a Sept. 22 motorcycle crash.
According to the patrol, Eyster was cited for failure to control, no motorcycle license, no helmet, hit/skip (leaving an injury crash without exchanging information or waiting on police to arrive), and OVI – operating a vehicle while under the influence. Eyster is required to attend a mandatory personal appearance at Shelby Municipal Court on Friday. Oct. 13.
Eyster’s attorney Neil McKown with McKnown & McKown Attorneys at Law in Shelby, where Eyster is also employed, said he takes issue with the official report prepared by the Ohio State Highway Patrol.
“There is a significant amount of misinformation in the officer’s report, and a significant number of things we take issue with,” McKown said. “Gordon is planning on admitting through no contest pleas of a charge or two he doesn’t deny he did; he doesn’t deny he didn’t have a motorcycle endorsement, and that he didn’t have a helmet on,” he said. “Everything else is strongly denied.”
The list of citations was released Wednesday afternoon by the Ohio State Highway Patrol, who handled the investigation. The Shelby Police Department asked the OSHP to take charge of the probe to avoid any conflict of interest.
The charges stem from a crash Eyster was involved in on Friday, Sept. 22. Police were not called at the time of the crash, but on Monday, Sept. 25, the Ohio State Highway Patrol received a call from Shelby Police Chief Lance Combs.
According to Combs, the Shelby Police Department received a report of a crash from a citizen on Sept. 22, but did not know about Eyster’s involvement in the crash until Sept. 25. It was then that Combs made the decision to hand the investigation of the crash over to the Ohio State Highway Patrol.
“I made the call on Monday as soon as I had a connection between our crash and the possibility that the law director was involved,” Combs said. “He’s our law director, so he is the person that approves our criminal charges and provides us with legal advice, and he’s also a candidate for judge.
“It was my feeling that the prudent route to take, instead of us having a potential conflict of interest or the pressure of investigating an incident backwards, that we should have an outside agency take a look at it, and take it over from start to finish,” Combs explained. “It released our authority to investigate to an agency that should be unbiased.”
According to the official report from the Ohio State Highway Patrol, the accident occurred at 6:12 p.m. on Friday, Sept. 22. A bystander called the Shelby Police Department to report observing a crash between a car and a motorcycle on West Main Street in Shelby, in front of the KFC restaurant.
The driver of the car reported exiting the alley adjacent to the KFC to turn left onto West Main Street, and inching the vehicle forward before spotting the motorcycle and stopping, leaving room for the motorcycle to continue. However, the driver of the car reported seeing the driver of the motorcycle, Eyster, going left of center then jerking back, striking the front of the car.
The car driver stated the right side of the motorcycle at the foot area struck the bumper of her car, causing the motorcycle to overturn onto its right side. The driver, Eyster, stayed with the motorcycle as it went down, but then tumbled and rolled.
According to the report, after the crash Eyster stated there was no need to call the police, and that he would take himself to the hospital. The report states Eyster admitted himself into OhioHealth Mansfield Hospital with “incapacitating injuries to his leg, ribs and shoulder.”
On Friday, Sept. 29, the Ohio State Highway Patrol followed up with Eyster, who reported he had a broken leg, broken ribs and a broken clavicle. Eyster reported he first went to OhioHealth Shelby Hospital’s emergency department, and was sent to OhioHealth Mansfield Hospital for surgery.
That same day, the Ohio State Highway Patrol requested a hospital toxicology report on Eyster from OhioHealth Shelby Hospital from the evening of the crash on Sept. 22. The toxicology report from the blood draw taken 28 minutes after the accident on Sept. 22 showed Eyster’s blood alcohol level was .105 – the legal blood alcohol level limit is .080.
“In conclusion … Attorney Eyster is at fault,” the report states. “He failed to control his motorcycle as he was driving west on Main Street. He overreacted while weaving and wobbling his motorcycle, striking the front of (the vehicle).”
The report also states that witnesses report Eyster drinking at least one beer at a residence, and more at Legends Sports Grill & Pub in downtown Shelby.
“Attorney Eyster does not have a motorcycle license or temporary operators permit … and was not wearing a helmet at the time of the crash,” the report states. “Attorney Eyster never made any attempt to report the crash to Shelby Police … and has refused to give a statement.”
