The Star Beacon; Ashtabula, Ohio

Local News

September 11, 2008

Vehicular homicide trial resumes today

Joseph E. Dodick charged with causing traffic death of Michael Mikulin

JEFFERSON —The vehicular homicide trial of Joseph E. Dodick, 20, opened Wednesday in Eastern County Court.

Dodick is charged with having caused the Nov. 23, 2006, traffic death of Michael Mikulin of Geneva. The Thanksgiving Day two-car crash occurred in Geneva Township.

The criminal charge is a first-degree misdemeanor. If convicted, Dodick faces a maximum of six months in prison and up to a $1,000 fine.

A number of Ohio Highway State Patrol officers, a certified car

mechanic and Northwest Ambulance District employees testified for the state.

The trial resumes at 1 p.m. today in Judge Robert Wynn’s courtroom, with County Prosecutor Thomas Sartini and assistant prosecutor Jack Kapluck representing the state.

Dodick is being represented by attorneys Kristen Walter Supler and Ronald L. Frey.

It took over an hour Wednesday to impanel a jury of eight jurors and two alternates.

Fifty prospective jurors filled the hallway outside the small courtroom. Members of the victim’s family and Dodick’s relatives jammed into the small seating area during the trial.

Among the list of prosecution witnesses expected to testify today are Mark Majetich, a crash reconstruction expert and former OHP trooper; more medical witnesses; and county coroner’s office employees.

During the defense presentation, the defendant is expected to testify on his own behalf.

The criminal charge against Dodick initially was filed in Western County Court after the victim died of injuries the day of the crash. The crash occurred at the intersection of New London and Myers Roads at about 3 p.m.

Wynn is presiding at the trial because of a conflict of interest that Western County Court Judge Richard Stevens had in May 2007. Dodick initially pleaded not guilty to the charge in Stevens’ court. Then the case was transferred to Eastern County Court.

In opening statements, Sartini said the state will prove that Dodick failed to stop at the stop sign on New London Road, negligently causing the death of Michael Mikulin, the driver of the other car involved in the crash. Mikulin and his 22-year-old brother Matt, also injured, were traveling in their grandmother’s car en route to the family’s Thanksgiving dinner.

Sartini said Dodick was driving 45 mph, exceeding the 35 mph speed limit on that stretch of New London Road, based on forensic evidence.

Michael Mikulin and his brother were traveling south on Myers Road at the time of the crash, and had the right of way, Sartini contended.

Dodick claims his brakes failed that afternoon. He also told OHP troopers he heard a “grinding sound,” as he pushed on the brake pedal.

Describing the crash scene, Sartini asserted: “There was no way he could have stopped at the stop sign. He accelerated No. 1, took his foot off the brake (pedal). It was his decision to beat the Mikulin vehicle: a negligent act.” New London Road traffic is controlled by a stop sign. Myers Road is a through street with a 55 mph speed limit.

Defense attorney Supler, in her opening remarks, referred to the fatal crash as a “sad tragic story” with no one winning. “It was an accident,” she said, noting there will be different opinions presented by crash reconstruction experts. Supler said testimony will bring out that Dodick’s vehicle had brake problems. She stressed that Dodick was not cited by OHP for speeding or for driving impaired. Dodick was taken to UH-Geneva Medical Center to undergo a blood test for drugs and alcohol, but neither was found in his system, Supler said, referring to OHP reports.

“You (the jury) have to decide if Joe was negligent or not, and if criminal conduct occurred,” Supler said.

That day, the Mikulin brothers’ parents, Patricia and Paul Mikulin, followed their sons down Myers Road by a few minutes. The parents came upon the crash after it happened.

Paul Mikulin testified Wednesday he did not witness the crash. When arriving at the site, Mikulin immediately called 911 for help. The parents also tried to extricate the sons from the vehicle, which had rolled over, but could not.

They waited for OHP troopers, Geneva firefighters and ambulance crews to arrive. The sons were trapped.

OHP Trooper Jeremy Nellis, who headed the investigation, recounted that firefighters had to cut open the car roof to extricate the victims.

Paramedic Timothy Parks was among first on the scene and testified about the rescue team’s work. Parks said emergency crew members worked on Michael Mikulin after he was removed from the wreck but he did not respond. The college student was pronounced dead at the scene by a University Hospital medical-helicopter doctor.

Upon cross-examination by Supler, Nellis confirmed Michael Mikulin was not wearing his seat belt.

The trooper also testified that Dodick told investigators his vehicle brakes had failed as he approached the intersection.

Nellis said after Michael Mikulin died, OHP officials read Dodick his Miranda rights and questioned him further. They transported him to the OHP post in Saybrook Township, but Dodick refused to provide a urine sample to be tested for the presence of drugs or alcohol. Later, he was taken to the hospital in Geneva.

Gary Mugavero, a mechanic with Conrad’s Total Car Care in Ashtabula, testified for the prosecution. He tested the Dodick and Mikulin vehicles for OHP. Mugavero said he found that Dodick’s rear drum brakes and right front brake were in good shape. There were problems with the left front brakes, however, Mugavero testified.

Both Sartini and Supler repeatedly questioned Mugavero about Dodick’s brakes and the defects he found.

Nellis was on the stand for more than an hour, testifying about OHP’s investigation, which led it to file the vehicular-homicide charge.

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