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Updated: 8:16 p.m. Tuesday, June 12, 2012 | Posted: 8:15 p.m. Tuesday, June 12, 2012

Daughter of woman killed in crash upset driver getting new trial

By Denise G. Callahan

Staff Writer

A Hamilton woman is furious the prison sentence for a man who killed her mother in a car crash could be shortened because of a new state law.

Because of a legal technicality and the new sentencing laws that took effect last September, Butler County Prosecutor Mike Gmoser said Julio Cesar Olvera was granted a new trial.

On Aug. 7, Olvera will face one third degree felony count of failing to stop after an accident. Olvera hit and killed 43-year-old Jennifer Bowling while driving on Martin Luther King Boulevard in April 2011. Butler County Judge Charles Pater sentenced him to five years in prison after he plead no contest in the case last October.

Olvera already plead guilty to misdemeanor charges for vehicular manslaughter and driving left of center. He was sentenced to 90 days in jail.

If found guilty again, Olvera would only be sentenced to three years in prison instead of the five he was originally sentenced. Gmoser said under the new law the maximum penalty is 36 months in prison

Bowling’s daughter Kristina Shaw was furious when she learned Olvera’s sentence could be shortened due to legislative actions.

“It makes absolutely no sense to me that there are these powerful people sitting around a table putting these words together and they think that’s a great idea,” she said. “Apparently these people haven’t been affected by the crimes they are making decisions on.”

She accused Olvera of leaving the scene because he was drunk and staying away long enough that any tests wouldn’t be admissible. In the 12th District Court appeal Olvera filed —which was dismissed by both sides — his attorney wrote that Olvera was injured and disoriented following the crash and that’s why he left the scene, to seek medical attention.

Shaw said she has contacted Sen. Bill Coley, R-Liberty Twp. to see if revisions can be made to the new sentencing laws.

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.

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