Credit: Montgomery County Jail
Credit: Montgomery County Jail
A jury convicted Smith on June 13 of three counts of aggravated vehicular homicide, two counts of aggravated vehicular assault and three counts of operating a vehicle while under the influence. His blood-alcohol level was .290, which is more than three times Ohio’s 0.08 legal driving limit, the prosecutor’s office said.
The three people killed in the head-on crash around 7 p.m. Jan. 1, 2023, in the 5900 block of Germantown Pike (state Route 4) were identified as 49-year-old Ta’Wayne Palmer and his sons 13-year-old Ta’Wayne Palmer Jr. and 9-year-old Octavius Palmer.
Six others were taken to local hospitals after the crash, including a 9-year-old Dayton boy who was seriously injured, according to the indictment and Montgomery County Sheriff’s Office crash report.
Smith was the driver of a 2014 Chevrolet Traverse headed south on state Route 4 when he crossed the double yellow line and collided with a 2000 Chevy Suburban in the opposite direction with one adult and seven children between ages 7 and 14 inside, Maj. Jeremy Roy said previously.
Ta’Wayne Palmer and his 13-year-old son were pronounced dead at the scene and his 9-year-old son was taken to a local hospital, where he was pronounced deceased on arrival. All eight in the Suburban were either immediate or extended family members, Roy said.
Smith, the only occupant in the Traverse, also was injured in the crash.
“This deadly crash was completely avoidable if only the defendant hadn’t driven with a suspended license while also being very drunk,” Prosecutor Mat Heck Jr. stated. “The defendant could have used my free ArriveSafe program, which was active at the time!”
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