Saturday, August 21, 1999
Driver gets year in jail for pair's deaths
BY CHRISTINE WOLFF
The Cincinnati Enquirer
BATAVIA — A Union Township man who struck a couple crossing a street near Eastgate Mall pleaded guilty Friday and was sentenced to a year in jail.
Timothy Davis, 21, of Union Township in Clermont County, pleaded guilty to a felony charge of aggravated vehicular homicide in the death of Donna Ernst, 61. She died Feb. 28 when Mr. Davis' car hit her on Eastgate South Drive.
He also pleaded guilty to a misdemeanor charge of vehicular homicide for the death of her husband, Earl Ernst, 61, who died in May after being critically injured in the accident.
Mr. Davis also pleaded guilty to a misdemeanor charge of driving under the influence of alcohol.
Judge Jerry McBride of Clermont County Common Pleas Court sentenced Mr. Davis to a suspended sentence of five years in prison. Judge McBride ordered Mr. Davis to spend six months in the Clermont County Jail and six months in a community-based correctional facility in Lebanon.
He also will pay a $1,000 fine, and his driving privileges will be suspended for three years. State prosecutors accepted Mr. Davis' plea to the lesser charge concerning Mr. Ernst because questions could have been raised at trial about whether the car's impact caused his death, said Donald White, Clermont County prosecutor.
The state's case also could have been weakened because the Ernsts were crossing between intersections, Mr. White said.
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