BY KRISTEN DELGUZZI
and DANA DiFILIPPO
The Cincinnati Enquirer

The decision to pursue adult felony charges against the teen-ager accused of causing last month's fatal crash in Winton Hills has triggered hundreds of protests to Hamilton County Prosecutor Joseph Deters.

Mr. Deters has received dozens of calls in support of Steven Von Bargen since the prosecutor announced Jan. 30 that he would charge him with three counts of aggravated vehicular homicide and one count of aggravated vehicular assault.

Mr. Von Bargen's classmates are circulating petitions at Roger Bacon High School, where the three teen-agers killed in the crash were sophomores.

But most strikingly, more than 250 letters have poured in from throughout the region, many from people who don't even know Mr. Von Bargen:

You shouldn't prosecute him at all ...

He shouldn't be tried as an adult.

Your vision of justice is skewed by the many hardened criminals that you see daily ...

''It's obvious the writers are permitting the emotion of compassion to enter into their judgment,'' Mr. Deters said, ''and that would be a very dangerous thing for the prosecutor to do. Similarly charged defendants have to be handled the same way.''

The 17-year-old junior could learn as soon as Thursday whether he will be tried as an adult in the head-on crash, which killed his brother and two friends as they drove to Roger Bacon.

Mr. Von Bargen returned to school a week after the wreck to the supportive hugs and handshakes of his teachers and 875 classmates.

But every time the crash investigation makes headlines, students are reminded of their loss, said the Rev. Roger Bosse, principal of the St. Bernard school.

On Thursday, Steven will appear at the first of two hearings in Hamilton County Juvenile Court to determine whether he will be tried as an adult. As an adult, he would face a lengthy prison sentence; as a juvenile, he could be held only until his 21st birthday.

Police say Mr. Von Bargen was speeding on Jan. 14 when he crossed the center line and drove into oncoming traffic. His 16-year-old brother, Greg Von Bargen, and friends Sarah Garibay, 17, and Kyle Yearion, 15, were killed when Mr. Von Bargen's car was broadsided.

The other driver, Donald Robinson, 37, of Clermont County was seriously injured.

''The facts that were presented to us were indicative of exactly what the charges are,'' Mr. Deters said. ''He's being treated as any other juvenile similarly charged.''

Other cases support his claim:

• Krystal White was 16 in 1994 when she sped across an interstate median and slammed into the car of a pregnant Middletown woman, killing the woman and her unborn child instantly.

• Craig Atkins was 16 in 1995 when his speeding (and stolen) car crashed into a tree, killing two friends.

Both teens were tried as adults for aggravated vehicular homicide. Miss White served six months in prison; Mr. Atkins is serving a seven- to 20-year sentence.

''I understand why the charges were filed in the Bacon case,'' said defense attorney John Burlew, who is not involved in the case. ''It's consistent. That office is very consistent.''

But those arguments - and the fact that Mr. Deters has sought adult status for nearly every teen accused of any type of homicide in the last 4 1/2 years - do not sway the critics.

''Teen-agers make mistakes - that's a fact,'' said Valerie Head, 38, a Mount Carmel mother of three teens who doesn't know the Von Bargens but ''felt compelled'' to write to Mr. Deters.

''Prosecuting him amounts to a public humiliation,'' she said. ''Steven Von Bargen is just a kid. He lost a brother - that's enough punishment. I can't see how the law will be able to punish him any more than he has been.''

Jason Ernst, 16, soon to become captain of Roger Bacon soccer team, signed a petition denouncing the pursuit of adult charges.

''The law says you've got to be prosecuted, but as an adult? No way,'' he said.

Von Bargen attorney Timothy A. Hickey declined to comment on the controversy or the charges.

Mr. Robinson's attorney wasn't as tight-lipped.

''Joe Deters has to do what he has to do,'' said Michael F. Gehrig, who filed a lawsuit for the Robinsons. ''He's a public servant. My clients take no position on that criminal prosecution.''

Previous stories

DAD PLEADS FOR SON TO AVOID PRISON Feb. 5, 1997
DRIVER FACES CRIMINAL CHARGES Jan. 31, 1997
'OTHER' DRIVER FILES LAWSUIT Jan. 22, 1997
SCHOOL HOLDS FUNERAL FOR THREE Jan. 19, 1997
THOUSANDS BID TEENS GOODBYE Jan. 18, 1997
POLICE TRY TO RECONSTRUCT CRASH Jan. 17, 1997
PALL CAST OVER ROGER BACON Jan. 16, 1997
3 DEATHS SHATTER SCHOOL Jan. 15, 1997