Sat Jul 04 2009
By BECKY MARTINEZ
Charges are pending against the 19-year-old driver in an April 10 accident which resulted in the death of 8-month-old Addison Fitch.
Addison's mother, Shelby Fleming of Mark Center, could be charged with anything from failure to control to negligent vehicular manslaughter, aggravated vehicular homicide, OVI and speed, depending on results of ongoing tests.
Sgt. George Jutze with the Defiance post of the Ohio Highway Patrol reported today that they confiscated Fleming's blood from Community Memorial Hospital in Hicksville on April 15 and urine on April 17 and sent them to Columbus for testing. They also confiscated the infant car seat in which Fitch was strapped, and "suspected marijuana" found in the glove compartment of Fleming's vehicle. These were also sent to Columbus.
Jutze said today, "Fleming did test positive for drugs, but this does not mean she was under the influence."
The blood and urine need to be tested to see how much was in her system and if it meets the state's per se limit for an OVI charge.
The car seat, along with the vehicle's safety belts, are being tested to see if the infant seat was strapped into the vehicle. Also, reconstructionists are still trying to determine if Fleming was speeding at the time of the accident.
Findings of the infant seat and speeding investigation could determine recklessness or negligence.
There can be no charges until these results are complete which could take up to three weeks, reported Jutze.
If found to be under the influence, an OVI charge combined with aggravated vehicular homicide could be a second- or third-degree felony charge.
Negligent vehicular manslaughter on its own is a second-degree misdemeanor, and vehicular homicide, not aggravated, is a first-degree misdemeanor.
The accident occurred on Defiance/Paulding County Line Road, west of Breininger Road. Troopers reported that the initial investigation shows Fleming struck three trees and spun around twice. The infant, strapped to its seat, was ejected from the vehicle and landed in a water-filled ditch.
Fitch died in Parkview Memorial Hospital, Fort Wayne, early April 11.
Comments
By Posting to this site, you agree to our Terms of Service Be polite.
Inappropriate posts may be removed.
Crescent-News.com doesn't necessarily condone the comments here, nor does it review every post.
Login above or Register to comment.
0 Total Comments Home | Back
Copyright Defiance Publishing, LLC 1995-2009. All Rights Reserved.
Content may not be republished without the expresse written consent of the publisher.
Content may not be republished without the expresse written consent of the publisher.
Dix Communications