ASHLAND – Raymond L. Stafford’s reckless driving caused the death of a 37-year-old Sullivan man, Ernest L. Whitesel, according to a verdict returned by a jury in Ashland County Common Pleas Court on Thursday.
The jury found Stafford, 50, of Ashland, guilty of aggravated vehicular homicide, a third-degree felony. The verdict came after a three-day trial and less than two hours of jury deliberation.
Whitesel and Stafford both were driving north on Ohio 58 just south of Township Road 350 in the early morning hours of Nov. 28, 2016. Stafford attempted to pass Whitesel’s vehicle and the two collided, the Ohio Highway Patrol reported at the time.
Stafford told officers, and also testified at trial, that Whitesel drove up behind him, flashed his lights, sped past him and then brake-checked him. According to the defendant, Stafford then attempted to pass Whitesel, at which point Whitesel’s car struck Stafford’s, causing him to lose control.
The prosecution argued there was no evidence Whitesel’s car ever left the northbound lane. Instead, assistant prosecutor Victor Perez argued Stafford veered to hit Whitesel.
Though the posted speed limit on the road was 55 miles per hour, crash re-constructionists testified Stafford was driving at least 72 miles per hour, likely faster, based on evidence from the scene. Data from a black box in Whitesel’s car shows Whitesel was driving 100 miles an hour several seconds before the crash. His vehicle’s speed was 80 miles per hour at the time of impact, the black box data showed.
To prove his case, Perez had to show beyond reasonable doubt that Stafford’s reckless operation caused Whitsel’s death.
In his closing statement, Perez argued the existance of any other potential causes, such as Whitesel’s speed or improper actions, were not an adequate defense and do not negate the alleged crime.
Though Perez conceded high speed alone does not constitute reckless behavior, he argued the totality of the circumstances show Stafford’s behavior was reckless.
Perez said that the crash occurred on a rural, two-lane road well before sunrise and that Stafford chose to pass Whitesel at a high rate of speed. Stafford knew the route well, Perez said, and would have known an intersection was just ahead.
“Mr. Stafford chose to act recklessly, and that’s what this case is about,” Perez said.
In the defense’s closing statement, attorney Terry Hitchman noted the road was striped to allow legal passing in the area where the crash occurred.
Hitchman said the sole event that caused Whitesel’s death was Whitesel’s vehicle striking Stafford’s, not Stafford’s speed.
Stafford maintained throughout the investigation and trial he was only driving 60 miles per hour.
Hitchman argued an initial collision occurred when Whitsel’s car struck Stafford’s in the southbound lane, causing Stafford to lose control and hit Whitesel’s car in a second collision that sent Whitesel’s car off the road.
Both the prosecution and defense called crash re-constructionists to testify as expert witnesses, and Hitchman argued the experts’ conflicting theories of the crash constitute reasonable doubt.
Prior to the jury’s deliberations, one of the original jurors was excused and replaced with an alternate juror. The first juror was seen sleeping during more than 40 minutes of testimony on the first day of the trial.
Judge Ronald Forsthoefel scheduled sentencing for Oct. 29 at 9 a.m. and continued Stafford’s bond, allowing Stafford to go free until sentencing.
Perez made a motion to revoke bond, but Forsthoefel said Stafford has always appeared for court when summoned and does not pose a significant threat to the community.
