2/18/14 Family of child killed in traffic accident ask for no jail time

  • By Nick Sabo
  • February 18, 2014
  • 464
                        
SUMMARY: Pennsylvania man charged with vehicular homicide "lucky" he is not going to jail, judge says A Pennsylvania man who caused the death of a five-year-old boy in a July 13 traffic accident was not sentenced to jail time, at the request of the child’s parents. David J. King, 24, 1114 Reservoir Road, New Holland, was sentenced to probation, a five year license suspension and a $1,000 fine Tuesday Feb. 18 in Holmes County Municipal Court on one count of vehicular manslaughter, a first-degree misdemeanor. The charge carries up to 180 days in jail, but the family of the crash victim, five-year-old Sheldon Horst, did not ask that King be incarcerated, Victim’s Advocate Andrew Zedella said. Zedella said the family did, however, ask that King receive the maximum driver’s license suspension. The charges stem from a July 13 accident that occurred on State Route 39 near County Road 135 in Berlin Township. According to Ohio State Highway Patrol, Wooster Post reports, King was traveling in a Chevy truck on state Route 39 and went left of center, striking an eastbound 2003 GMC Savana van driven by Sheldon’s father, Nelson Horst. The impact caused the Savana to overturn on its right side on the south edge of the roadway. Sheldon, who was in a booster seat at the time of the accident, was pronounced dead at the scene. The van contained 12 passengers, including Sheldon and Nelson Horst. The surviving occupants of the van were treated for non-life threatening injuries. King was having difficulty stating awake when the accident occurred, and driver fatigue contributed to the accident, according to court records. King met with the Horst family following the accident “on his own initiative”, his attorney, Jeff Kellogg, said. Kellogg said King also attended Sheldon’s funeral. Speaking before the court Tuesday, Nelson Horst said he “appreciates the support we have seen from (King)”. Nelson Horst further said that he felt sentencing King to jail would not achieve anything. “Me and my wife, the parents of Sheldon, we realize it was an accident,” Nelson Horst said. “As for jail time, it wouldn’t be of benefit to anyone.” Assistant Prosecuting Attorney Christine Williams said she wanted to recommend jail time but chose to respect the Horst family’s wishes. In sentencing King, Municipal Court Judge Jane Irving expressed similar sentiments, telling King he was “lucky” not to be getting jail time. After Nelson Horst spoke, Irving asked him if he did not want King to go to jail. Nelson Horst indicated that he did not. Irving suspended a sentence of 180 days in jail. If King does not complete the terms of his probation, the sentence could be applied to him. Irving said being sleepy is no excuse for claiming a life. “Driving while you’re tired is every bit as bad as drunk driving,” Irving said. “You’re nodding off (and) barreling down the road in a weapon that weighs a ton.”


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