Tuesday, March 02, 1999

Victims' relatives feel helpless, angry

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Two Clermont drivers charged in deaths

BY TOM O'NEILL
The Cincinnati Enquirer

David Poole and his wife, Barbara, react as bond was set at $1 million for Charles Gumbert. (Steven M. Herppich photo) | ZOOM |

        BATAVIA — Grandmother Barbara Poole stared into the future and saw heartache and an insufficient tangle of drunken-driving laws. The man who brought her to court Monday stared at the floor, expressionless, elbows resting on his wheelchair.

        In the first of two dramatic bond hearings in Clermont County Municipal Court, Charles Gumbert of New Richmond, 38, was held on $1 million bond. A four-time DUI convict, he is charged with causing the accident that killed Mrs. Poole's daughter, Tammy Shannon, 31, son-in-law Rodney Shannon, 32, and 11-year-old grandson Christopher Shannon.

Gumbert appeared at his arraignment in a wheelchair. (Steven M. Herppich photo) | ZOOM |

        Moments later, a second Clermont man, Timothy Davis, 21, of Union Township, was ordered held on $150,000 bond on the same charge — aggravated vehicular homicide. Police say alcohol is suspected. Mr. Davis is accused of striking a Union Township couple as they crossed Eastgate South Drive Sunday night, killing 61-year-old Donna Ernst and critically injuring her husband, Earl. The mentally handicapped couple were walking home from a nearby store.

        With the death early Monday morning of Mary K. Wright, 43, of Alexandria, the Tristate is reeling from five deaths and two serious injuries in accidents police suspect are alcohol-related. Ms. Wright's passenger, Paul Thoman, 24, also of Alexandria, is in serious condition at University Hospital.

        The packed courtroom Monday, electric with emotion, illustrated how the number of drunken-driving victims far exceeds the ones listed on police reports.

        How many more, Mrs. Poole wanted to know? What is it going to take? Her family implored the public to write legislators demanding stricter drunken-driving laws.

Tammy Shannon

Rodney Shannon

Christopher Shannon

        “He walked by them like they were trash on the highway,” a tearful Mrs. Poole said of Mr. Gumbert, cradling a folded Enquirer in one hand and three family members in her heart. “No, I will not take "I'm sorry' now.”

        Mr. Gumbert was returned to Clermont County Jail and faces a preliminary hearing Friday. Police say additional charges will include two counts of aggravated vehicular homicide. Mr. Gumbert refused to submit to a Breathalyzer test when arrested, but police obtained a search warrant for a blood sample to determine if he was drunk.

        In Friday's head-on crash, Mr. Gumbert allegedly fled the scene. All three members of the Shannon family were declared dead at the scene. He was arrested 90 minutes later at an acquaintance's nearby home.

        When Mr. Gumbert allegedly fled the crash scene in Ohio Township, it wasn't the first time he'd run.

        Across the street from municipal court at Clermont County Common Pleas Court, another story emerges from the inch-thick file No. 97-CR-005329.

        When New Richmond police tried to stop Mr. Gumbert on Front Street on May 25, he led them on a several-mile-long chase that ended when he abandoned his vehicle in gravel along Ohio 232 — and ran into nearby woods.

        Since he wasn't apprehended immediately, police were unable to determine whether he was drunk.

        Despite four prior DUI convictions and several other driving violations detailed in the accompanying two-page criminal history, reduced charges netted him a three-month jail sentence. He served 87 days. It was a significant increase from the three days he served for one of his previous DUI convictions.

        His license also was suspended, a condition that would have ended this week.

        While the Shannon and Poole families — described as “one family” by Mrs. Poole's husband, David — prepare for burials of three loved ones, a twist of fate reminds them how close they were to an even more profound loss.

        Had Rodney Shannon's car engine been working properly before they went grocery shopping for Rodney's mother, he wouldn't have needed to borrow his boss' pickup.

        Had they driven the family car, the remaining two Shannon children, ages 13 and 7, probably would have been in the car when Mr. Gumbert's truck allegedly crossed the center line and struck the Shannons.

        “They're staying with us,” Mrs. Poole said, her voice giving out. “They're staying with us.”

Boy on bike critically injured by hit-skip truck
How can we stop drunken drivers?
How states punish drunken drivers

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