A Toledo driver who sped through an intersection and collided with a teen motorist turning in front of him, causing a crash that killed the teen, entered into a plea agreement Monday to avoid prison.
Donald McMullin, 36, of 1250 Nebraska Ave. pleaded no contest to aggravated vehicular homicide, a third-degree felony, in Lucas County Common Pleas Court. In exchange for his plea, prosecutors said they would recommend he be placed on community control rather than sent to prison.
Brad Smith, an assistant Lucas County prosecutor, told the court McMullin was southbound on the Anthony Wayne Trail about 9:15 a.m. Feb. 13 when he drove through the intersection of City Park Avenue at a speed estimated at 64 to 66 mph.
McMullin’s vehicle struck the northbound car of Aaron Davis, 18, of Toledo who was attempting to turn left onto City Park.
“The crash impact sent both the defendant and the victim to the hospital,” Mr. Smith said. “The victim, Mr. Davis, was unconscious at the scene and never regained consciousness. He died two days later at the hospital. According to the coroner’s office the cause of death was blunt head trauma as a result of the accident caused by Mr. McMullin.”
Mr. Smith said the plea agreement was offered in part because witnesses gave inconsistent accounts of whether the stoplight at City Park was yellow or red at the time McMullin drove through the intersection.
Judge Ruth Ann Franks found McMullin guilty and scheduled sentencing for Sept. 23.
Mr. Smith said that as part of the plea agreement, McMullin is to be sentenced to community control, but if he were to violate any of the conditions of his community control, he is to be sentenced to five years in prison. McMullin also agreed to pay restitution of $18,280 to the estate of Mr. Davis for funeral expenses, he said.
Judge Franks told McMullin he also will receive a mandatory driver’s license suspension that could be for as little as three years or as long as a lifetime.
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