ASHLAND – Trial began Tuesday in the case against an Ashland man accused of aggravated vehicular homiclde.
Raymond L. Stafford, 50, faces one count of aggravated vehicular homicide for alleged reckless driving that the prosecution argues caused the death of Ernest L. Whitesel, 37, of Sullivan, on Nov. 28, 2016.
Stafford was driving north on Ohio 58 south of Township Road 350 when Stafford, who was also headed north, attempted to pass Whitesel’s vehicle and the two vehicles collided, the Ohio Highway Patrol reported at the time.
Whitesel’s vehicle traveled off the east side of the road, struck a ditch, rolled several times and came to final rest on its top in a field. Whitesel was not wearing his seat belt and was ejected from his vehicle. He was transported to Akron General’s Lodi Hospital, where he was pronounced dead. Stafford was not injured in the crash.
In his opening arguments, assistant prosecutor Victor Perez gave jurors a preview of his argument that Stafford’s driving was reckless and that it led to the crash that killed Whitesel.
Perez said Stafford told troopers he was driving north on Ohio 58 in a dark Mini Cooper in the early morning hours of Nov. 28, 2016, when the driver of a Dodge Avenger approached rapidly from behind, flashed his lights at Stafford, passed Stafford then began braking. At that point, Stafford decided to pass the other car, Perez said, relating events as Stafford reportedly told officers. As Stafford was passing, the other driver, Whitesel, accelerated again. Stafford lost control and the cars collided.
There is no evidence showing Whitesel was ever in the southbound lane, but Stafford was, according to Perez.
A crash reconstructionist determined Stafford’s speed at the time of the crash was at least 72 miles per hour, Perez said. Stafford’s car was not equipped with a black box, but data from a black box in Whitesel’s car showed Whitesel was not accelerating for at least seven seconds before the crash and that he was braking when the crash occurred, Perez said. Whitesel’s car logged speeds as high as 100 miles per hour just before the crash and 80 miles per hour at the time of the crash.
Perez said Whitesel suffered 13 different injuries, any of which could have been fatal, and that the medical examiner determined blunt force trauma from the crash casued Whitesel’s death.
First responders were unable to find a pulse or to revive Whitesel with CPR, Perez said.
Stafford’s attorney, Terry Hitchman, said the defense agrees with the prosecution on most of the facts in the case from the time the vehicles hit to the time the scene was cleared.
“The disagreement here is what happened before, at the time when Mr. Whitesel was driving 100 miles an hour after having just passed Raymond, slowing down, then speeding up,” Hitchman said.
Hitchman argued some contact between the vehicles happened in the southbound lane that caused Stafford’s vehicle to create scuffs, or marks, on the pavement.
He noted that Stafford was not impaired in any way and that troopers allowed him to drive home after the crash.
The trial is expected to continue Wednesday and Thursday in Ashland County Common Pleas Court with judge Ron Forsthoefel presiding.
