BY ALLEN HOWARD
The Cincinnati Enquirer

In an emotion-filled hearing Thursday, a defense lawyer argued that a disabled van may have figured in a crash that killed three Roger Bacon students Jan. 14.

Timothy Hickey, lawyer for Steven Von Bargen, 17, made the argument during a probable cause hearing before Hamilton County Juvenile Judge David Grossmann. The hearing is the first part of the process to determine whether Mr. Von Bargen will face trial as an adult.

The judge ruled that there was probable cause against Mr. Von Bargen, charged with three counts of aggravated vehicular homicide and aggravated vehicular assault.

Mr. Von Bargen will return to court at 11 a.m. March 3 when the decision on sending the case to a grand jury will be made.

''The disabled van which was parked in the curb lane on Este Avenue that morning could have been a reason my client had to change lanes so abruptly,'' Mr. Hickey argued.

Police said Mr. Von Bargen was speeding on Jan. 14 when he crossed the center line and hit another car. Greg Von Bargen, 16, his brother; and friends Sarah Garibay, 17, and Kyle Yearion, 15, were killed when Mr. Von Bargen's car crashed into a vehicle going in the opposite direction.

Noting that the van was parked about 130 feet from the first skid marks Mr. Von Bargen's car made, Mr. Hickey said Mr. Von Bargen may have lost control when he changed lanes to avoid hitting the stalled vehicle.

Prosecutor Julie Wilson said evidence clearly showed that Mr. Von Bargen operated the vehicle recklessly.

Police Officer Steven Edwards, of the traffic division, said by using skid marks and the angle of impact, he was able to determine that Mr. Von Bargen's car was going 76 to 77 miles per hour when it collided with a car driven by Donald Robinson, 37, of Clermont County.

Relatives, friends and classmates continued to support the Roger Bacon junior during the hearing, embracing him when they could, some shedding tears.

During a recess after both sides argued the case, two ministers gathered and prayed with the family. The family would not comment after Judge Grossmann's ruling.

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