Sat Nov 07 2009
By TODD HELBERG
The mother of an infant who died when she crashed her vehicle last spring was sentenced in Defiance Municipal Court on Monday afternoon.
Shelby Fleming, 20, 86 Roehrig Drive, was fined $350 by Judge John Rohrs III on charges of vehicular manslaughter, a second-degree felony, and failure to control, a minor misdemeanor, was given a suspended 90-day jail sentence and placed on supervised probation for three years.
The judge had imposed fines totaling $850, but suspended $500.
Fleming had entered no contest pleas to the charges on Nov. 17 and was found guilty of each.
A presentence investigation was subsequently ordered.
The charges stem from a one-vehicle crash on April 10 in which Fleming's 8-month-old daughter, Addison Fitch, was killed.
Authorities stated that Fleming was driving west on Defiance-Paulding County Line Road, just west of Breininger Road, about five miles southeast of Hicksville, when her vehicle went off the right side of the road and struck several trees.
Her child was ejected from the vehicle and landed in a ditch filled with water. The infant was taken by air ambulance to Parkview Hospital, Fort Wayne, but died a day later.
Fleming was treated and released at Community Memorial Hospital in Hicksville.
An investigation by Ohio Highway Patrol troopers discovered marijuana in the vehicle and, according to Rohrs, also indicated that Fleming "could have been operating under the influence of drugs abuse."
A case was presented to a Defiance County grand jury seeking a felony indictment against Fleming, but none was returned.
Her attorney, Paul Duggan of Bryan, expressed concern about the patrol's approach following the case.
"For whatever reason, (troopers) came to the conclusion that they didn't think she reacted (to the child's death) like she should have," Duggan told Rohrs. "The poor woman lost her child. My impression was that the state patrol was not happy it was being prosecuted as a misdemeanor."
Fleming tearfully added that "people don't know what I'm going through ... my child, I loved with all my heart, and now she's gone."
Rohrs said he was "troubled" by information in the presentence investigation indicating that Fleming wouldn't answer troopers' question about where the marijuana came from.
Later, noted Rohrs, Fleming admitted she was the vehicle's primary driver, but said she didn't know how the marijuana got there.
Too, continued Rohrs, Fleming had been talking on her cell phone while the investigation indicated that excessive speed was an issue.
"This is a tragic incident, not intentional," said Rohrs "... but what you're looking at is a recipe for disaster.
"The activity here is not intentional, but irresponsible," the judge added, noting Fleming's prior conviction for underage consumption. "Punishment is the consequences of your actions."
Rohrs said he knew Fleming would never forget the incident, but would have to forgive herself.
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