“It is with an abundance of caution that I seek multiple charges in certain cases where a lesser included offense may be considered by a trier of fact — a jury,” Gmoser said. “I never want a situation to arise where a judge states that the principal charge is all that may be considered by because no lesser included offense was also included in an indictment.”
David J. Evans, 52, of Cincinnati, had stopped the Rumpke truck on Central Avenue near Marshall Road about 6:30 a.m. July 30. A tan 2002 Chevrolet Avalanche, operated by Jankovich, struck Evans and pinned him against the rear of the Rumpke truck, according to the Ohio Highway Patrol’s preliminary report.
Evans was transported by medical helicopter to Miami Valley Hospital where he was pronounced dead later on July 30.
Jankovich was transported to Atrium Medical Center with serious but non-life threatening injuries.
Rumpke officials said Evans had been an employee for about 15 years.