XENIA — A Xenia woman will spend 7 years in prison after a Greene County jury found her guilty in the 2016 OVI-related crash that killed a Bowersville man.
Judge Stephen Wolaver sentenced Kathy Smith, 65, April 11 in Greene County Common Pleas Court.
After fewer than three hours of deliberation Jan. 31, a jury found Smith guilty of two counts of aggravated vehicular homicide, second- and third-degree felonies; two counts of aggravated vehicular assault, third- and fourth-degree felonies; and operating a vehicle under the influence of alcohol, a first-degree misdemeanor.
Smith was on trial following a deadly two-car crash Aug. 27, 2016 on Hussey Road in Caesar Creek Township. Raymond Deyo, 68, died as a result of the crash. His wife, Linda Deyo, sustained serious injuries, as did Smith. Linda Deyo testified during the trial.
The Deyo family and supporters of Smith were present for both the trial and sentencing.
The prosecution argued that Smith’s Blood Alcohol Concentration (BAC) of .343 and her verbal admittance to having had some wine — coupled by her car’s estimated speed, bad weather and unsafe tire tread — proved she was intoxicated and driving recklessly. The legal limit for driving in Ohio is .08.
But the defense argued that Smith’s BAC test result was inaccurate and impossible — a false positive — and that there was no evidence of recklessness.
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