“He was never found guilty of anything, and it just kills me because the court process took so long,” Michael McCarthy said. “This has kind of left us, the whole family, in limbo.”
This case is one of several recent hit-and-run tragedies and highlights how — especially in cases involving loss of life — the justice system can move frustratingly slow for victims’ families.
Cases can take months, or even years in some instances, to be introduced in court. And while law enforcement and prosecutors say they’re working diligently to prepare for litigation, any perceived delay in action may appear from the outside as lackluster investigation or even negligence on behalf of officials.
No conclusion
Brianna was seriously injured on Dec. 2 when she was struck by an SUV while crossing the street in Riverside. She was taken off life support a week later.
“Brianna spent so much time with my wife and I since she was born,” McCarthy said recently. “She was an adorable little girl, and we enjoyed her so much; she was a lot of fun.”
Brianna was a student at Belmont Middle School and participated in the school’s Reserve Officers’ Training Corps (ROTC) program.
“She was so proud of (that),” McCarthy recalled.
Brianna enjoyed trips to the mall and Barnes and Noble, where her grandparents would treat her to books and a special coffee, according to her obituary, which also noted her most favorite activity was spending time with her close friends.
According to reports, Brianna was walking near the corner of Woodman Avenue and Burkhardt Road when she was allegedly hit by someone who appeared to flee the scene after the collision.
The suspect was not immediately identified, leaving Brianna’s family, along with police, pleading for the public’s assistance in identifying the driver of the vehicle.
Jared Koger was formally indicted by a grant jury in early April and a warrant was issued for his arrest. After pleading not guilty to one third-degree felony count of failure to stop after an accident, Koger was released on his own recognizance.
By late June, a trial date had still not been set in the case. The case was dismissed following the 41-year-old’s death from a septic infection on July 13.
At least some of the trial continuances were likely due to Koger’s health issues, which were first documented in court records in June.
McCarthy said he can’t help but feel precious time was lost in the months following the crash itself while a suspect was sought, and again after Koger was indicted and released on bond while awaiting an elusive trial date that ultimately never came.
“This guy was walking around for months while we were, and still are, in misery because nothing has come to a conclusion,” McCarthy said.
’Avoidable, senseless’ tragedy
Brianna’s story is one in a rash of hit-and-run crimes that have occurred in the Dayton area in recent years.
In July, a driver struck three pedestrians while attempting to turn left onto Wayne Avenue from Clover Street in Dayton. A 9-year-old girl on a bicycle was seriously injured after becoming caught by the suspect’s vehicle and drug about half a mile down the street, according to reports.
The driver fled the scene after the incident, and police later arrested 55-year-old Jeffrey Atkinson, who has since been indicted on one count of endangering children, two counts of vehicular assault, one count of failure to stop after an accident, and one count of operating a vehicle under the influence.
On April 1, a driver involved in a collision on Interstate 70 near the Dayton International Airport Access Road exit left the scene at a high rate of speed.
The driver reportedly exited the highway onto Airport Access Road, at times reaching speeds near 90 mph, before he ultimately T-boned a minivan at the intersection of Terminal Drive and Boeing Drive.
Four of the five occupants in the minivan were killed on impact, according to documents from the Montgomery County Prosecutor’s Office, and the fifth victim was seriously injured.
The victims killed in the crash included Larry Edwards, 77, of Tipp City; Richard Coatney, 77, of Piqua; Richard Tumbell, 67, of Lewisburg; and Stephen Cassel, 72, of Clayton.
Following months of investigation, Clayton D. Hughes, 26, of Blacklick, was indicted on July 24 in connection to the crash. He was arrested while on vacation in New Jersey.
Charges against Hughes include multiple counts of aggravated vehicular homicide, one count of OVI, one count of vehicular assault, and one count of failure to stop after an accident.
Authorities are still searching for the suspect in an April 2023 hit-skip crash at the intersection of North Main Street and Santa Clara Avenue in Harrison Twp. that seriously injured 18-year-old I’Sice Thomas.
Three years prior, Tamara Jackson, 39, was hit while crossing West Third Street near the Lorenz Avenue intersection in Dayton on Aug. 10, 2020.
Jackson later died at the hospital. Police are still searching for the suspect in that case, as well.
“These crashes were completely avoidable, senseless tragedies, and many of them remind us of the danger of driving while under the influence,” said Montgomery County Prosecutor Mat Heck Jr. “It’s this senselessness that makes it even harder on victims and families as they wait for justice.”
The path to justice
Credit: Marshall Gorby
Credit: Marshall Gorby
There are many scenarios that can prolong the period between when a crime is committed and when a suspect ultimately has their day in court, law enforcement officials say.
Even in the most straightforward of cases, the collection of evidence, securing of a grand jury indictment, pre-trial hearings, and scheduling trial dates, can result in months of waiting.
“When you’re talking about vehicular homicide or vehicular assault cases, there are a lot of different factors that come into play in order to meet the burden of proof,” Heck said. “Sufficient information and evidence needs to be collected in order to hold a suspect accountable.”
An investigation into a hit-and-run crash may include any number of steps, often beginning with diagramming the scene to determine how the vehicle positions, various lane markings, and traffic control devices may have played a role in the incident.
Investigators would also conduct thorough inspections of the vehicles, including probing a car’s event data recorder, also known as the “black box,” and checking for any vehicle recalls through the manufacturer.
“We look at all of this ahead of time so that we can dispel any claims by the offender that they weren’t at fault due to these potential issues,” Heck said. “’But, going into the investigation, we don’t know if any of this will prove to be helpful.”
Collection of toxicology reports, Flock camera images, witness statements, cell phone data, and similar items is also important, and potentially time-consuming.
“We try to provide at least some information to families and victims letting them know that this, unfortunately, is not like watching a crime show on TV, where the crime occurs and it’s solved in two hours,” he said.
The state of a victim following a hit-skip crime can also play a role in the speed a case is handled, like in that of the Wayne Avenue hit-and-run involving three pedestrians, one of whom was left seriously injured but alive.
“Thank God the victims were not killed, so that can assist in the overall investigation because we have living witnesses who can attest to that crash,” Heck said.
Once a case reaches the courtroom, a new waiting period begins for victims and their families, as opposing parties submit and request evidence, attend pre-trial hearings, and more in preparation for a potential trial.
“It can be very frustrating, even as the prosecutor, to have to wait, but it is often inevitable in order to get justice for the victims or their families,” Heck said.
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