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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Tuesday, March 4, 1997
Teen won't get adult trial
Roger Bacon victims' families
support judge's decision

BY KRISTEN DELGUZZI
The Cincinnati Enquirer

For nearly two hours Monday, tears flowed freely as details of Steven Von Bargen's life poured out in a packed courtroom.

Learning disabled. Courteous. Depressed. Respectful. Suicidal.

At many of the descriptions, a bleary-eyed Steven cringed. Other times, he hung his head and leaned closer to his mother. Throughout, he clutched the hands of his parents, Ed and Linda Von Bargen.

But when Hamilton County Juvenile Court Judge David Grossmann delivered the best news the 17-year-old and his family have heard in weeks, Steven appeared stunned as he stared blankly.

Within minutes, though, it had sunk in: He would not stand trial as an adult for the Jan. 14 crash that killed his brother, Greg Von Bargen, and two classmates.

He cried, hugged his parents and embraced family members of Kyle Yearion and Sarah Garibay, who died on their way to Roger Bacon High School. He thanked God and the 50-plus supporters gathered outside the courtroom.

But he never smiled.

One witness, a former priest and a founding member of Parents of Murdered Children, testified that Steven is consumed by grief and wants to be forgiven by his friends and brother.

''Part of him wished that he had died in the accident, that he had been a victim,'' said Kenneth Czillinger, who has met with Steven twice. ''He said it would have solved a lot of problems.''

Prosecutors had asked that Steven's case be sent to adult court because he was speeding when he crossed the center of Este Avenue in Winton Hills and collided with a car driven by Donald Robinson, 37, of Clermont County.

Judge Grossmann ruled that adult court was not appropriate because Steven was not a threat to the community and was likely to benefit from the rehabilitation offered in juvenile court.

''The things he's looking at are not the same things we look at when deciding whether to charge someone,'' Prosecutor Joseph Deters said. ''We're not looking at the background and the psychological makeup. The judge can.''

A source said one possible factor in the judge's decision was that no other crime - such as drunk driving - contributed to the accident.

Steven did not want to talk about his case, but his father said he was grateful for the decision.

''I'm glad the Garibay and Yearion families were here to support him,'' Mr. Von Bargen said.

When members of each family addressed the court, they asked that Steven face the three counts of aggravated vehicular homicide and one count of aggravated vehicular assault in juvenile court.

''I know that placing Steven in adult court is not going to bring my son back. It's not going to lessen the pain,'' said Bev Yearion, mother of 15-year-old Kyle.

The mother of 17-year-old Sarah expressed similar sentiments.

''If you threw him into an adult prison,'' Jeannette Garibay said, ''he could come out as a terrible kid. I don't want that.''

If he is found guilty, Steven can be held until his 21st birthday. Had he been convicted as an adult, he faced a lengthy prison sentence.

Steven returns to court March 20 for a pretrial hearing.

Previous stories

PARKED VAN CITED IN DRIVER'S DEFENSE Feb. 21, 1997
HUNDREDS SEEK MERCY FOR TEEN DRIVER Feb. 8, 1997
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


 
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