A 23-year-old Mount Washington woman has become the first to be prosecuted locally under a new law - which was inspired by a tragic 1995 car accident in Hamilton County - that makes it a crime to kill a fetus. The law does not apply to legal abortions.
Tracie Alfieri was indicted Thursday by a Hamilton County grand jury on charges of aggravated vehicular homicide and aggravated vehicular assault for allegedly causing the Nov. 27 crash that injured a Madisonville woman and killed the 6-month-old fetusthe womanwas carrying.
Authorities say Ms. Alfieri, who also uses the name Tracie Masten, was driving north on Interstate 71. Rene Andrews, 29, entered the highway from Red Bank Road ''in a fashion that Tracie Alfieri apparently took exception to,'' Prosecutor Joseph Deters said.
Witnesses reported that Ms. Alfieri first made crude gestures to Ms. Andrews as the two traveled along I-71 about 7:30 a.m. Then, within a short distance, ''Tracie Alfieri sped around, got in front of Rene Andrews and slammed on her brakes,'' Mr. Deters said.
Ms. Andrews swerved, trying to avoid the collision, but she lost control of her car and slammed into the back of a tractor-trailer that was parked in the berm.
''She sustained serious injury to herself,'' Mr. Deters said. ''The baby died from a lack of oxygen due to the torn placenta.''
Ms. Andrews suffered many broken bones and extensive internal injuries. She now is at a long-term care facility, Mr. Deters said.
A warrant has been issued for Ms. Alfieri, who faces a maximum of 6ï years in prison - and a minimum of probation - if convicted of both charges.
The crash, which closed the northbound lanes on I-71 in Silverton for more than an hour, was similar to the incident that led to the change in state law: Suzanne Daly of Middletown died Aug. 15, 1995, when her car was struck on I-275 near Indian Hill. The near-term
term fetus also was killed.
In the months after the crash, Mrs. Daly's husband, Joseph Daly, waged a statewide campaign to change the portion of Ohio law that would not allow prosecutors to file charges for the death of his son.
Gov. George Voinovich signed the bill into law in
A Dayton, Ohio, man, convicted last month of involuntary manslaughter in the death of his unborn child, was the first statewide to be prosecuted under the law.
''The most serious charges Tracie Alfieri faces are because of the death of Rene Andrews' fetus,'' Mr. Deters said. ''I'm just thankful that through Joe Daly's efforts and a lot of people in this community, we were able to recognize this life.''
