Driver in fatal Middletown crash sent to jail, bond set at $200K

Victim’s family and friends say bond is ‘light.’
Nicholas Dearth appeared for arraignment on charge of vehicular homicide after a crash resulted in the death of Stephen Howard. NICK GRAHAM/STAFF

Credit: Nick Graham

Credit: Nick Graham

Nicholas Dearth appeared for arraignment on charge of vehicular homicide after a crash resulted in the death of Stephen Howard. NICK GRAHAM/STAFF

A Middletown man accused of driving drunk and killing a 58-year-old in a high-speed crash was taken into custody Thursday on a $200,000 bond — a number the victim’s family says is not enough.

Nicholas D. Dearth, 47, of Middletown is charged with two felony counts of aggravated vehicular homicide and a misdemeanor charge of operating a vehicle under the influence in connection with the Aug. 23 death of Stephen Howard.

“That’s very light,” said Kimberly Silas, friend of the family, of the bond amount. “He will get to probably bond out, he will get to see his family, he will get to be with his family ... I do not think there has been any remorse at all.”

“It’s very hurtful. And that is not a high bond, at all. It should have been higher.”

Friends and family of Howard packed Judge Jennifer Muench-McElfresh’s courtroom Thursday as prosecutor Katie Pridemore shared details of the Aug. 23 crash.

Dearth allegedly had left a bar a little before 2 a.m. on Aug. 23, which Pridemore said there is video evidence of.

He was “absolutely intoxicated,” according to witnesses, and had a blood alcohol content of .203 — about 2.5 times the legal limit.

Dearth drove in “excess” of 86-92 mph on Central Avenue when he “t-boned” Howard’s car, Pridemore alledges.

Pridemore said Howard was killed “immediately.”

Valerie Hamilton, cousin of Howard, spoke on behalf of the family.

“The holidays are fast approaching,” she said. “There will be many holiday parties, dinners, to celebrate Thanksgiving and Christmas ... but there will be an empty place at our dinner table where Stephen would have sat.”

“The community suffering. Our hearts are hurting.”

Hamilton asked Judge Muench-McElfresh for Dearth to be “remanded” and his bond be set “extremely high.”

Dearth’s attorney, Jonathan Fox, said Howard’s death was an “unfortunate and tragic event” but asked for his client not to be booked into jail, citing Dearth’s lack of criminal record; wife and two children; and employment at a local hospital.

Friends and family of victim Stephen Howard packed a Butler County courtroom Thursday for an arraignment hearing for the driver accused in Howard's death. NICK GRAHAM/STAFF

Credit: Nick Graham

icon to expand image

Credit: Nick Graham

“(There is) no concern about flight in this case,” Fox said.

Fox also said his client “recognizes the impact this has had on Mr. Howard’s family.”

After hearing from Hamilton and Fox, Judge Muench-McElfresh ordered Dearth into custody “due to the nature of this offense and the seriousness of it” and a concern for public safety.

If Dearth makes bond, he will be required to wear a GPS monitor and will be subject to house arrest. He will also be prohibited from driving a vehicle.

He will be back in court 1 p.m. on Nov. 6 for a plea or trial setting.

About the Author