The Star Beacon; Ashtabula, Ohio

Local News

September 8, 2010

Driver avoids jail in deputy’s death

CONNEAUT — A Concord motorist avoided jail time Tuesday for her role in the June traffic death of Ashtabula County Sheriff’s Deputy Joseph DeFazio II.

On her 39th birthday, Laura Zehner, 8184 Timberlane Drive, learned she can stay out of jail and bypass a big portion of her fine if she serves 200 hours of community service and maintains a clean driving record for two years.

Zehner pleaded no contest to an amended charge of vehicular homicide, this one a second-degree misdemeanor, during a hearing before visiting Judge Barbara Watson in Conneaut Municipal Court. Zehner initially faced a first-degree version of the charge.

She was found guilty by Watson and was sentenced to the maximum penalty of 90 days in jail and a $750 fine, plus court courts. However, the jail sentence and $500 of the fine were suspended on condition Zehner perform the community service and have no further driving infractions. Also, her driving privileges were suspended two years, although she will be permitted to drive to work and other limited uses.

“Certainly, no sentence this court can impose can make up to the family the loss they’ve experienced,” Watson said.

The original vehicular homicide charge carried a maximum penalty of six months in jail and a $1,000 fine.

Zehner, through defense attorney Timothy Sterkle of Cleveland, waived any presentation of facts prior to Watson’s judgment and sentence.

The brief hearing featured some wrenching words from DeFazio’s wife, Kathryn, and the defendant.

Choking back her emotions, Kathryn DeFazio — standing an arm’s length from Zehner — told the woman she felt “cheated” by the death of her 66-year-old husband, who was driving a motorcycle on Lake Road when struck by Zehner’s sedan on May 27. DeFazio died from his injuries in an Erie, Pa., hospital on June 11.

“He gave me the best years of his life,” DeFazio said, drawing tears from Zehner and the audience, which included family of the victim and defendant. “Did you wake up to do this? No. But I’m fumbling each day on how to move on. I’ve lost my partner.”

Kathryn DeFazio was a passenger on the motorcycle but escaped serious injury.

Shaking and sobbing, her words sometimes unintelligible through the tears, Zehner told friends and family of DeFazio she thinks constantly of that day in May.

“When I’m alone, it’s there,” she said. “So many things go through my head. It’s always with me.

“I prayed so much for (DeFazio’s) health and your strength,” Zehner said.

Father’s Day was especially difficult, knowing the holiday would be the family’s first without DeFazio, Zehner said.

“I cried so hard on Father’s Day,” she said.

Zehner said she understood any apology would sound hollow.

“I do know all your anger and frustration,” she cried. “‘Sorry’ doesn’t begin to express my feelings.”

After the hearing, Zehner was hugged by friends and family in the courtroom.

DeFazio and his wife were traveling west on Lake Road when their motorcycle was struck by Zehner, who was attempting a turn onto Lake from Mill Street. Zehner stopped for a stop sign at the intersection, then drove into the path of the DeFazios, police said.

Through a spokesperson, the DeFazio family declined comment on the negotiated plea and the hearing. Both families conferred with their respective attorneys on the plea prior to the hearing.

“We were looking to bring closure, as well as a certain amount of closure to the family,” said assistant law director Luke Gallagher.

The family didn’t object, he said.

The lesser plea helped avoid a jury trial and additional strain on Mrs. DeFazio, Gallagher said.

“If we can come to a resolution and satisfy the victim’s family, I’m all for that,” he said.

 

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