The family of a Hermitage woman who died in January from accident-related injuries wants to see the other motorist brought to justice.

But after Monday's ruling by the Trumbull County Grand Jury, the family is afraid that won't happen.

"This has been a nightmare for the past two months," said Adam Edwards of Clark, son of the late Yvonne Edwards. "Three or six months for taking a human life, my mother's life -- it's a shame. We are very disappointed."

Edwards was referring to the grand jury's decision to indict Catherine Settlemire, 41, of 630 Chesapeake Court, Hermitage, on lesser charges that carry a maximum 6-month jail term.

Ms. Settlemire was charged Jan. 28 with aggravated vehicular homicide and aggravated vehicular assault by the Ohio Highway Patrol after a Jan. 26 crash on Standard Avenue in Masury.

Police said the car she was driving went left of center and crashed head-on into a car driven by Margaret Snyder, 72, of Stevenson Road in Masury. Mrs. Snyder and her passenger, Mrs. Edwards, 71, of 5070 Cassidy Road, Hermitage, had just left St. Bernadette's Church on Locust Street in Brookfield.

Mrs. Edwards died the next day in Allegheny General Hospital in Pittsburgh from accident-related injuries. Mrs. Snyder was hospitalized for two weeks because of a broken ankle that needed surgery.

The charges were classified as aggravated because, the highway patrol said alcohol contributed to the crash.

But the grand jury this week indicted Ms. Settlemire on vehicular homicide and vehicular manslaughter misdemeanors; both charges were minus the alcohol-related aggravated specifications, according to a published report.

If convicted, she could serve up to 6 months in jail, according to Assistant Trumbull County Prosecutor Ken Bailey, who is handling the case.

"All we wanted was one single thing out of this -- to see justice done," Edwards said. "We may not even get that."

An improperly calibrated Breathalyzer machine at the Brookfield Police Station was one of the reasons alcohol-related stipulations were dropped, said Bailey.

The machine must be tested for accuracy every seven days, according to state law, and if it's not, an out-of-service sign is supposed to be put on it, explained Brookfield Police Chief Dan Faustino.

The night the highway patrol used the Breathalyzer to test Ms. Settlemire, the machine had not been tested in eight or nine days and no out-of-service sign had been placed on it, the chief said.

Faustino said the policeman in charge of the machine had been waiting for results of a test solution that measures the accuracy of the Breathalyzer machine. That policeman now must report to his immediate supervisor on a weekly basis concerning the testing of the machine, Faustino said.

Police said Ms. Settlemire's blood alcohol level was 0.144 at the time of the collision, 0.044 percent over Ohio's legal limit of 0.10 percent. Faustino said the machine was tested a day or two after the crash and it "was working perfectly."

A failed field sobriety test given right after the accident was also thrown out because Ms. Settlemire had a broken ankle allegedly caused by the accident, Bailey said.

Bailey said that Ms. Settlemire could be convicted either of vehicular homicide or vehicular manslaughter, not both, because only one person died. Vehicular homicide carries a maximum of 6 months in jail, a $1,000 fine and 1 to 5 years' license suspension. Vehicular manslaughter carries a maximum of 3 months in jail, a $750 fine and a license suspension of 90 days to 2 years.

"Except for her own admission and what the officers noticed at the scene, we can't prove she was under the influence," Bailey said.

Bailey acknowledged a police report that he said indicated Ms. Settlemire admitted to drinking alcohol prior to the accident. Bailey said that he could not provide the report to The Herald while the case is still active.

Edwards, who couldn't comment on the way the evidence was presented to the grand jury because the hearings were closed, is concerned with how the case is proceeding.

Even before the grand jury indictment, the family was concerned about the case, Edwards said, because the first assistant prosecutor assigned to the case, Sean O'Brien, recused himself since he casually knew Ms. Settlemire through a former girlfriend. Eastern District Court Judge Ronald J. Rice also recused himself because he casually knew Ms. Settlemire and because he works with her attorney.

"We think now, it's more of an issue of procedure not being followed," Edwards said, referring to the Breathalyzer machine. "For her to get off on a technicality such as this leads us to believe there is no justice," he said.

Ms. Settlemire, who works for Colonial Metals in Wheatland, is to be arraigned Tuesday before Trumbull County Common Pleas Judge Peter Kontos. At that time, she could waive her right to a speedy trial, Bailey said. A trial for a misdemeanor has to be set within 90 days, he added.

Ms. Settlemire's attorney, Robert Kokor of Brookfield, said he and his client had no comment.