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 By JENNIFER TANGEMAN
Staff Writer
Few people exhibit an enthusiasm about historical artifacts as Jim Bowsher does.
When crews working for G.A. Wintzer and Son Co. started working to build new office space on West Auglaize Street, they came across some interesting finds where a rental home had previously sat.
Jim Kent and others of Kent Surveying began finding pieces of artifacts. They called in local history buff, Bowsher, to try to figure out what the bits and pieces meant.
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Hearing denied in crash case |
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Friday, 24 July 2009 |
By MIKE BURKHOLDER
Staff Writer
A Mercer County judge Thursday denied a motion filed by attorneys for a Chickasaw man seeking a post-conviction relief hearing for his role in collision that killed four area teens.
Common Pleas Judge Jeffrey Ingraham rejected Nicholas R. Schwieterman’s petition requesting an evidence hearing in court. In his petition filed May 7, Schwieterman, 23, through his attorneys Eric Allen, of Columbus, and John Poppe, of Wapakoneta, requested the hearing based upon six arguments. One of the arguments included a claim that Schwieterman’s 24-year prison term violated his Constitutional protection against cruel and unusual punishment.
“Based upon the entire record, the court concludes that there is clearly no basis for granting petitioner’s request for a hearing on his petition for post-conviction relief,” Ingraham wrote. “Based upon the foregoing, the court concludes that none of the petitioner’s claims is well taken and each is hereby denied.”
Schwieterman’s attorneys also argued their client was provided with inadequate representation, alleged prosecutorial misconduct, destruction of evidence and that Schwieterman is innocent of the crime. In his ruling Ingraham rejected all the arguments made by the attorneys.
Allen and Poppe, who used a crash reconstruction expert in their filing, argued Schwieterman stopped at a stop sign and was traveling at 12 mph at the time of the collision. The attorneys also claimed the vehicle carrying Jordan Moeller, 18, with Bradley Roeckner, 19, of Celina, Jordan Goettemoeller, 19, and Jordan Diller, 19, of Maria Stein, was traveling 84 mph. The pair also claimed investigators destroyed evidence, mainly air bag sensors.
“Here, the alleged speed of the vehicles and whether or not the petitioner came to a complete stop before entering the intersection is irrelevant,” Ingraham wrote. “It is well settled that any contributory negligence of a victim cannot be a defense to vehicular homicide unless it is the sole proximate cause of the accident. Since the petitioner failed to yield the right-of-way, it cannot be said that the speed of the victims’ vehicle was the sole proximate cause of the crash.”
Ingraham wrote that detectives attempted to recover information from the sensors, but were unsuccessful. The devices were brought to an automotive technician who also was unsuccessful in obtaining data.
Ingraham dismissed Allen and Poppe’s claims that Schwieterman received ineffective representation during his initial case and that he did not understand his plea agreement. The judge wrote that the attorneys failed to shoulder the burden of proof to validate their assertion. Ingraham also rejected that the four, six-year prison terms that were ordered to be served consecutively are not a violation of the Constitution.
Poppe said Thursday he was disappointed with the ruling but not surprised. The Wapakoneta attorney also revealed future plans on the matter.
“We want to review it carefully to see if there needs to be something filed in the lower court,” Poppe said. “I don’t know of anything, so yes, we will be going to the Court of Appeals.”
Poppe also said he plans to pursue the case until all options are exhausted.
“I’d hope in the long run that justice will prevail,” Poppe said. “It’s a long, hard road and a costly road for a family to go through. Another thing I have difficulty in dealing with is I hate to see people suffer the way everyone is suffering. All five of those families are going to be in pain for a long time before we get to someone who is interested in seeing what the truth is.”
In a news release issued to The Evening Leader, Mercer County Assistant Prosecuting Attorney Matthew Fox praised the ruling.
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Last Updated ( Monday, 27 July 2009 )
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