During the hearing, the girl submitted pleas of not true on single counts of delinquency by way aggravated vehicular homicide, a third-degree felony; aggravated vehicular assault, a fourth-degree felony; and with operation in willful and wanton disregard of safety of the persons or property, a fourth-degree misdemeanor. Those charges were filed Monday by the Warren County Prosecutor’s Office.
Assistant County Prosecutor Julie Kraft told the court that the girl had been adjudicated on another traffic offense — failure to obey a traffic control device — about a week to 10 days before the fatal crash.
Juvenile Judge Joseph Kirby said during the hearing that he wanted a risk assessment done on the girl before considering any release from county Juvenile Detention Center. The detention hearing, which is similar to an arraignment and bond hearing in adult court, was continued until 4 p.m. Tuesday to determine whether the teen might be a threat to herself or the community.
Kirby asked the girl’s guardian about any restrictions that had been placed on her activities at home since the crash, to which the guardian said there had been none.
The guardian told the court the girl hadn’t driven since the May 1 crash and couldn’t drive because her ankle was broken as a result of the crash. She said the girl has not shown any harm to herself or the community in the weeks since the crash.
“She’s been a good kid and a blessing,” the guardian said.
The lack of limitations placed by the guardian on the girl appeared to concern Kirby.
“I believe it’s only prudent that I have an assessment done before I entertain any motion of placing her back in her household,” Kirby said.
In addition to keeping the girl in custody, Kirby also ordered the girl not to have any direct or indirect contact with the victim’s family.
Warren County Prosecutor David Fornshell said his office has not made a determination if the girl will be charged as an adult, but expects that decision to be made in the next few weeks. The girl also turns 18 in September.
Fornshell said evidence indicates the girl was driving at speeds up to 96 mph and was passing vehicles May 1 as she traveled south on Union Road — where the speed limit is 35 mph — from Montgomery County and into Warren County. She lost control of the 2007 Chevrolet HHR sport-utility vehicle around 4:43 p.m. after going left of center, striking a railroad crossing signal and a retention fence, overturning and landing on the SUV’s left side in the yard of a home at the corner of Union Road and Gladys Avenue, according to the Ohio Highway Patrol report.
Two of the three passengers riding with the girl were injured and taken to Atrium Medical Center in Middletown for treatment. The third passenger, Kimberly Colyer, 12, was pronounced dead at the scene.
The 17-year-old girl suffered serious injuries and had to be taken by medical helicopter to Miami Valley Hospital in Dayton. The driver and passengers were all released from hospitals shortly after the crash.
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