Alliance driver guilty of lesser charge over fatal Nimishillen Township crash
CANTON ‒ A 21-year-old driver is on track to avoid jail time and get a suspended sentence for his role in a three-car traffic crash that killed a 43-year-old man May 8 in Nimishillen Township.
Zachary V. Gottscheck of Alliance pleaded no contest to a reckless operation charge in Canton Municipal Court on Tuesday as part of a negotiated plea agreement.
He was originally charged with misdemeanor counts of vehicular homicide and vehicular manslaughter in connection with the collision that killed Joseph L. Kellogg, 43, of Alliance. The charge of vehicular homicide was dismissed, and the vehicular manslaughter charge reduced to reckless operation, at the request of Canton City Prosecutor Katie Erchick Gilbert.
The prosecutor said the reason for plea agreement was that she was not sure a jury would find the defendant guilty of the more serious charges.
"It was a very difficult case, with the three cars. Our expert had one opinion, and the defense expert had another," Erchick Gilbert said, adding that the defense expert said the fatality was caused by the third vehicle, not those driven by the victim or the defendant.
"We didn't feel strongly, if we went to trial, that it would be a conviction. And so, instead of walking away with nothing, we did make the reduction in the case and were up front with the family about it."
According to the crash report by the Ohio State Highway Patrol, the collision occurred when Gottscheck was driving east on State Street in a 2017 Jeep Wrangler. Investigators said he traveled across the center line and collided head-on with Kellogg's 2010 Chevy Malibu as he driving west on State Street.
Kellogg was on his way to work when the crash occurred, according to the highway patrol's report.
Gottscheck's Jeep also hit a 1997 Honda Civic driven by a 48-year-old Washington Township resident. The Civic was also westbound on State. The Jeep hit Civic vehicle before hitting Kellogg's vehicle, according to the crash report.
Magistrate Derek McClowry recommended Gottscheck spend one day in jail, time that has already been served. His other recommendations are: Suspension of the remaining 59-day jail sentence, a two-year driver's license suspension, four points on the driving record, two years on probation, pay $50 and restitution. The restitution amount has not been determined yet, the court's probation office said.
The magistrate's decision, made Tuesday, is awaiting finalization by Judge Richard Kubilus.
Gottscheck's attorney did not return a call, made Wednesday, offering the chance to comment on the case.
Fatal outcome: One driver killed, two others injured in early morning crash in Marlboro Township
Charges: Alliance man, 20, pleads not guilty to charges over fatal head-on crash in May
Reach Nancy at 330-580-8382 or nancy.molnar@cantonrep.com. On X, formerly known as Twitter: @nmolnarTR.
This article originally appeared on The Repository: Zachary Gottscheck convicted of fatal crash reckless op charge
