Printed Monday, May 21, 2012


Truck driver gets 90 days in jail in teen's death

Wisconsin man pleads no contest to charge

By Gabrielle Russon
Blade Staff Writer

Cody Van Hersett, a 16-year-old hockey player at Clay High School, was killed when a tractor-trailer rig hit his pickup.
Cody Van Hersett, a 16-year-old hockey player at Clay High School, was killed when a tractor-trailer rig hit his pickup.
Cody Van Hersett's grandfather Jeff Schenkel said he didn't know what would be a fair sentence for Lyle Schmidt, the truck driver involved in a crash that killed the 16-year-old hockey player Jan. 12.

Mr. Schmidt needs to be held accountable for the collision that occurred when he turned his tractor-trailer into the path of Cody's pickup on Navarre Avenue, Mr. Schenkel said, yet nothing would bring back Cody nor ease his family's' pain.

"No one wins," said Mr. Schenkel, of Toledo, after he watched Oregon Municipal Court Judge Jeffrey Keller sentence Mr. Schmidt to up to 90 days in jail Monday. "Today was a hard day."

Cody's grandfather and other loved ones had remembered the high school sophomore as a scrappy hockey player, a devoted sibling to his two little brothers, and someone who loved driving snowmobiles and playing on the water.

Mr. Schmidt, 78, of Merrill, Wis., pleaded no contest to one second-degree misdemeanor count of vehicular homicide, which carries a maximum penalty of 90 days in jail.

If he does not violate probation, he will only serve 70 days at the Corrections Center of Northwest Ohio, his defense attorney, Chynna Fifer, said.

Judge Keller also ordered Mr. Schmidt to be on probation for two years, pay $830 in fees and court costs, and lose his driver's license for two years. Judge Keller declined to comment on the case Monday after the sentencing.

The tractor-trailer rig was eastbound on Navarre Avenue when it turned left onto Wynn Road, right in front of Cody, who was westbound on Navarre.

Mr. Schmidt, who was not speeding or drinking, had not seen the teenager's pickup on the gray day, Ms. Fifer said.

City Prosecutor Tom Dugan said the second-degree misdemeanor charge meant Mr. Schmidt failed to yield, causing Cody's death. The jail sentence, he added, fits with sentencing guidelines.

Ms. Fifer said that before the fatal crash, Mr. Schmidt had logged four million miles as a professional truck driver since 1960 without an accident.

An emotional Mr. Schmidt, who was not allowed to face Cody's family when he spoke, apologized to them in court Monday.

"He wants to trade places with Cody," his attorney said afterward. "All he keeps saying is, this is going to haunt him until he dies."

Said Mr. Schenkel, "His heart is in shoes. I'm sure of that."

Ms. Fifer said she took on Mr. Schmidt's case pro bono out of sympathy.

His wife of 39 years suffered a massive stroke six years ago and no longer recognizes him, the lawyer said, and he ended up divorcing her because of her overwhelming nursing-home bills.