MOUNT VERNON — A Newark man has been charged in the pedestrian collision that killed a Mount Vernon business owner in mid-March.
Len Cabela, 53, of Newark, was charged April 14 with one count of vehicular manslaughter, according to Mount Vernon Municipal Court records. He was also charged with a traffic violation in the case.
Vehicular manslaughter is a second-degree misdemeanor carrying a penalty of up to 90 days in jail and a $750 fine. It also carries a Class 6 operator’s license suspension of three months to two years.
Cabela is scheduled to appear in court for arraignment on May 2 at 9:30 a.m. He will have the opportunity to enter a plea of guilty, not guilty, or no contest to the charges before him.
Cabela is accused of hitting Bill Jones, co-owner of Pine Row Studio in downtown Mount Vernon, on the morning of March 16 as he attempted to cross North Sandusky Street at the intersection of West High Street.
Jones’ wife, Pine Row Studio co-owner Pamela Woodworth, said in a Facebook post afterwards that he was going from the studio to CES Credit Union, “a walk that he has made weekly for the seven years that we have been in business in town.”
Cabela was driving a gray 2015 Dodge Ram truck westbound on West High Street, according to the Mount Gilead Post of the Ohio State Highway Patrol, which investigated the incident.
He is accused of turning north onto North Sandusky Street and failing to yield, hitting Jones while he was walking in a marked pedestrian crosswalk.
Pine Row Studio said in a Facebook post afterwards that Jones’ heart stopped beating as a result of the collision, “and a pedestrian administered CPR for the 10 minutes it took for the rescue squad to arrive and get his heart beating again.”
Jones was immediately transported to Knox Community Hospital in critical condition, the OSHP stated. He was then flown to OhioHealth Grant Medical Center in Columbus, having sustained what Woodworth described in a Facebook post as “major brain trauma.”
Jones remained in a deep coma for a week, receiving care in the hospital’s intensive care unit, before succumbing to his injuries March 23.
“It is with unfathomable sorrow shared among the entire family and so many friends, colleagues, patrons of the Studio – all whom Bill’s kindness, generosity and talents touched their lives, and mine. He left us this morning,” Woodworth posted that day.
“He was surrounded and uplifted through his transition by the love and strength of family that he holds dear. He may no longer be with us in body, but will always be in our hearts. Hug tight, and always hug a little longer.”
Woodworth thanked the community in late March for the support it had given her family in the wake of the tragedy.
“I’ve held close the outpouring of love and gifts of kindness sent from all the good people of our business community and friends of the Studio near and far,” Woodworth posted on Facebook.
“I continue to take one moment at a time and reach deep into my spirituality to find understanding. That is all I can do for now.”
Cabela was not injured as a result of the collision, according to the OSHP. Alcohol and/or drug use are not suspected factors in the crash.
The OSHP continued to investigate the incident in the days following Jones’ death. It eventually turned over all findings to the Mount Vernon Law Director’s Office for review.
Mount Vernon Law Director Rob Broeren said he reviewed the findings, in consultation with OSHP investigators, before authorizing two charges in the case.
“This was a fairly open-and-shut case,” said Broeren when asked about the investigation’s findings.
“In addition to the physical evidence collected at the scene and witness statements, the OSHP was also able to secure surveillance video of the incident. This allowed the report to be completed swiftly and forwarded to my office.”
Vehicular manslaughter “requires that a person commits an underlying traffic offense, and that someone dies as a result of the commission of that traffic offense,” Broeren said. Cabela is accused of failing to yield and hitting Jones while he was legally crossing the street.
The charge differs from vehicular homicide, a first-degree misdemeanor that requires the state to prove the incident was caused by the defendant driving “negligently,” as defined by the Ohio Revised Code, or by committing a speeding offense in a construction zone.
The charge also differs from aggravated vehicular homicide, a second-degree felony that requires the state to prove the incident was caused by the defendant being under the influence of alcohol and/or drugs.
Aggravated vehicular homicide can also be applied (and classified as a third-degree felony) if the state can prove the incident was caused by the defendant driving “recklessly,” as defined by the Ohio Revised Code, or by committing a reckless operation offense in a construction zone.
Broeren, whose office handles misdemeanor cases (the county prosecutor’s office handles felonies), said he made his charging decision “based upon all of the evidence” in the case.
“Putting it all together leads to that confidence (in the charge),” he said.
“When determining which charges to bring, we consult with the investigating agency – the OSHP in this case – about what they and we think the evidence does or does not show, and what we believe we can or can’t prove beyond a reasonable doubt.”
