BY EARNEST WINSTON
The Cincinnati Enquirer
FLORENCE -- For the second time in six weeks, an alleged drunken driver faces murder charges.
This time the charge comes after a Florence man died Wednesday in a wreck on U.S. 42.
John Lampke II, 30, died as a result of injuries in the 7:42 a.m. accident, at U.S. 42 and Farmview Drive, near the western city limits. His 1-year-old son, David Lampke,, who was inside a safety seat in the front passenger seat of the 1989 Toyota Celica, was treated at St. Luke West in Florence, said Boone County Sheriff Mike Helmig. The boy was later taken to Children's Hospital, where he was in fair condition Wednesday night.
Nicholas Roper, 18, of 3024 Ohio 32 in Amelia, was westbound on U.S. 42 when, witnesses told police, he ran a red traffic light at Farmview and broadsided Mr. Lampke, who attempted to enter the intersection from southbound Farmview.
Mr. Roper, a self-employed carpenter, was treated at St. Luke West for minor injuries, possibly a broken ankle. Upon his release, he was arrested and charged with murder, Sheriff Helmig said.
Boone County Attorney Larry Crigler said the murder charge filed by the sheriff's office was "appropriate."
Mr. Roper also was charged with one count of operating a motor vehicle under the influence of alcohol and other substances and one count of wanton endangerment, first degree. "It's still an ongoing investigation," the sheriff said.
Wednesday's accident is similar to one Aug. 29 in which Jose Malagon-Soto, 24, of Dry Ridge, is accused of drunken driving and faces murder in the death of a Walton man. He also was charged with driving under the influence and with five counts of wanton endangerment.
"This is just another example of why you can't operate a motor vehicle when drinking or under the influence of any other substance," Sheriff Helmig said.
Mr. Malagon-Soto was southbound on U.S. 25 when a Florence man driving behind him says he saw him drive off the road at least two times. Mr. Malagon-Soto then allegedly crossed over into the northbound lane, running head-on into a car driven by the Walton man.
Unlike Ohio and other states, Kentucky has no vehicular homicide law. Ohio has two laws -- one a misdemeanor, and another a felony, aggravated vehicular homicide, which can carry up to five years in prison. That leaves commonwealth prosecutors to use non-vehicular charges, such as murder, manslaughter and reckless homicide.
