Thursday, March 11, 1999
Charges toughened against driver
Felonious assault in case of boy on bike could bring 8 years
BY DAN HORN
The Cincinnati Enquirer
Even if he didn't know his victim's name, prosecutors say, Mark Walters should have known his drunken driving could cause serious harm to someone.
A grand jury reached the same conclusion Wednesday when it indicted Mr. Walters, of Lebanon, on a charge of felonious assault.
The indictment means prosecutors now must convince a jury that Mr. Walters “knowingly caused serious harm” to the 12-year-old boy he allegedly struck on Fields Ertel Road.
Prosecutor Mike Allen said the assault charge, which carries a maximum eight-year prison sentence, has never been used in Hamilton County in a drunken-driving case. He said he asked his assistant prosecutors to get “creative” in the case because other possible charges did not carry a tough enough prison sentence.
Although Mr. Walters also faces charges of aggravated vehicular assault and failure to comply with police, the maxi mum penalty under those offenses is a total of three years. Mr. Allen said Mr. Walters is
not charged with DUI because that offense is part of the aggravated vehicular assault charge.
“That's just not enough time for someone accused of doing the things that Mr. Walters is accused of doing,” Mr. Allen said.
He said Mr. Walters, with five prior convictions for driving under the influence, should have been well aware of the risks involved with driving while drunk.
Despite his background, Mr. Allen said, Mr. Walters got behind the wheel and ended up striking Joshua Kostreva of Symmes Township.
Police have said Joshua was hit as he rode his bike along Fields Ertel during rush hour March 2. The boy, who remains paralyzed from the neck down, was thrown over a guardrail and down an embankment.
Mr. Walters is accused of fleeing after the collision and refusing to stop for sheriff's deputies until they used spikes to flatten his tires.
“He strikes this little boy and he runs away because he's a coward,” Mr. Allen said. “This is a five-time loser when it comes to DUI.”
Although police say Mr. Walters refused a Breathalyzer test, Mr. Allen said the arresting officers concluded he was glassy-eyed, disoriented and clearly intoxicated.
Mr. Walters' attorney, Ravert Clark, said it will be difficult for prosecutors to prove his client knowingly caused harm to the boy.
But Mr. Allen said the charge is justified and he hopes the case will spur state lawmakers to pass tougher laws.
By the end of the week, he said, he plans to send legislators a letter calling for longer sentences for repeat DUI offenders. “The law is not strong enough,” he said.
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