By Jennifer Edwards
The Cincinnati Enquirer

FAIRFIELD TWP. - A 19-year-old township resident has been fined $13 in connection with a traffic accident last week that critically injured a 12-year-old boy on a bicycle.

The judge says he didn't realize there had been an injury.

Randall S. Couch of Fairfield Township paid the speeding fine after pleading no contest to the minor misdemeanor charge - $1 for every mile over the speed limit. He also paid $50 in court costs after Butler County Area II Judge J.B. Connaughton accepted his plea.

But Thursday, the judge said he had "no idea" until contacted by the Enquirer that an accident was involved in the case - or that a child was hurt about Aug. 25 as Couch traveled 48 mph in a 1997 Ford F-150 pickup truck about 8 p.m. The speed limit is 35 mph on Headgates Road.

Timothy Harlow, 12, of Fairfield Township remains in critical condition at Cincinnati Children's Hospital Medical Center. When he was struck, he was thrown from his red Schwinn Cruiser, tumbled several times on the pavement and struck a tree in a ditch along the roadway, suffering a head injury, police say.

The child's family declined to comment Thursday through a hospital spokeswoman.

The maximum fine for speeding is $100, according to Butler County Prosecutor Robin Piper. But the judge said Thursday he reviewed only the court docket, not the citation - which indicates that an injury occurred - or the traffic crash report police filed with the court.

"If (Couch) was charged with reckless operation or leaving the scene of an accident or vehicular assault, I would have treated it more sincerely or asked more questions than a simple speeding ticket," Connaughton said. "I only get about 60 or 70 speeding tickets a day. If there was something serious about it, the officer should have brought that to my attention."

Fairfield Township Police Chief Richard St. John said Thursday that Couch was charged only with speeding because that's all authorities could prove. Alcohol and/or drugs are not believed to be a factor in the accident.

Last week, before police determined Couch's speed, the chief said a preliminary investigation showed the cause of the accident was the 12-year-old crossing Headgates as the truck headed southbound.

"If something drastic happens with this (12-year-old), obviously things will change as far as Mr. Couch's legal status is concerned," the chief said.

There is a charge on the books for negligent vehicular homicide - but there is no charge in Ohio for negligent vehicular assault, Piper said.

Legislation is being proposed to create a law to change that.

The Ohio Prosecuting Attorneys Association's legislation committee, of which Piper is a member, recently voted to support a new charge of negligent vehicular assault for cases involving serious physical harm.

"There are cases where there is serious physical harm caused to victims and there is no really applicable offense to charge the perpetrator with," Piper said. "It's a terrible tragedy, but I honestly don't see how they could give him a bigger fine if that's all he's charged with," said neighbor Monica Fisher, 44, who lives near the 12-year-old.

Another neighbor, Patty Asher, agreed, noting that Couch will have to live with the consequences of the incident for the rest of his life.

Asher said the real issue in the neighborhood is there are no sidewalks or streetlights and just one entrance and exit. "There's a ton of teenagers down here now and the kids just fly through here," Asher, 50, said. "I'm surprised this hasn't happened before. I am not going to be the least bit surprised when it happens again."

E-mail jedwards@enquirer.com.