MANSFIELD — A Richland County grand jury has declined to indict a 27-year-old Crestline man for the Dec. 21 fatal shooting of a Mansfield man in what was described as a “road rage” incident.
Charges against Wesley Patrick, 27, were dropped in Richland County Common Pleas Court at the request of Prosecutor Jodie Schumacher. He had been charged with voluntary manslaughter in the death of 42-year-old Andrew Westlund.
The prosecutor made her motion to dismiss on Thursday. Her motion came “without prejudice,” which would allow her to bring the case back in the future.
A grand jury returned a “no bill” in the case, declining to indict Patrick after reviewing the evidence presented by prosecutors.
A “no bill” means the grand jury found insufficient probable cause to move the case forward.
Grand jury proceedings, under Ohio law, are secret. These, private, one-sided proceedings are conducted without a judge, and the public cannot attend.
The “no bill” decision does not determine guilt or innocence, and the matter could be reconsidered if new evidence emerges.
Section 2903.03 of the Ohio Revised Code defines voluntary manslaughter as:
“No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly cause the death of another or the unlawful termination of another’s pregnancy.”
The case began in Mansfield Municipal Court. After a 50-minute hearing on Dec. 23, Municipal Court Judge Michael Kemerer ruled there was probable cause to believe a crime had been committed and bound the case over to a Richland County grand jury.
The case stemmed from an incident which occurred at 8:53 p.m. on Lexington Springmill Road near U.S. 30.
Ontario police Sgt. Jon Sigler testified during the hearing in Municipal Court.
He said Patrick was driving a Ford Focus and Westlund was in a Nissan Xterra and both vehicles were southbound on Lexington Springmill Road.
Sigler said Patrick placed a 911 call himself after the incident.
“He called 911 and said that he was involved in a road-rage incident,” Sigler said. “He said that he used self defense, was his word, and fired one shot into him (Westlund).”
Westlund was transported to a local hospital, where he was pronounced dead.
Patrick told investigators that he works third shift and was going to get gas at Sam’s Club. He traveled down the road to get coffee at Starbucks, but the business was closed.
After turning southbound onto Lexington Springmill Road, Patrick told investigators he was being tailgated by a car driving “extremely erratic” less than a car’s length away.
When Patrick stopped at a red light near the U.S. 30 entrance, he told investigators Westlund swung his car in front of him and approached his vehicle. Sigler said Westlund’s vehicle was stopped perpendicular to the road — an apparent attempt to cut off Patrick.
Patrick alleged Westlund punched his car window at least three times and attempted to open the door, according to Sigler.
With his car door locked, Patrick told investigators he retrieved his 9mm handgun but did not exit the vehicle.
“He said (Westlund) started to walk away, turned around and then started to come back towards him — at which point he put his window down and fired one shot,” Sigler said.
“He (Patrick) said he was aiming for center mass,” Sigler said. “That’s where all your vital organs are — that’s to kill someone. His exact words were to maim him (the victim).”
After the shot had been fired, Patrick pulled around Westlund’s vehicle, continued southbound, stopped near Fazoli’s, put his hazard lights on and made the 911 call.
“He said specifically that he (Westlund) didn’t have anything in his hands. He said he never threatened him,” Sigler told Calderhead.
Patrick told investigators that Westlund told him to “get out of the car, (expletive).”
According to Sigler, neither vehicle showed signs of damage indicative to any collision between Patrick and Westlund. No windows on Patrick’s car were broken.
Defense attorney Josh Brown during cross-examination in Municipal Court highlighted that Patrick did not flee the scene and agreed to voluntary statements. He also consented to a urine sample and to have his cellphone searched.
