Published Wednesday, August 28, 2002
to jail
for 6 months
Herald Staff Writer
A Hermitage woman Tuesday was found guilty of vehicular homicide in the January traffic death of Yvonne Edwards, 71, of Cassidy Road, Hermitage.
Catherine Settlemire, 41, of 630 Chesapeake Court, was ordered to serve 6 months in jail -- the maximum sentence for the misdemeanor -- by Trumbull County Common Pleas Judge Andrew Logan. She was immediately taken into custody by Trumbull County Sheriff's deputies.
"You've made one serious error in judgment. While you acknowledged it's difficult for you and difficult for your family, it's far more difficult for the victim's family," Logan told her. "No sentence can be appropriate for the damage that's been done here. This is closure for the case."
The judge also ordered Ms. Settlemire to pay a $1,000 fine and more than $13,000 in restitution to Mrs. Edwards' family, ordered Ms. Settlemire to serve 2 years of probation after her jail term and suspended her driver's license for five years.
"We are as pleased as we can be with the sentencing, considering what she should have gotten. We're grateful she got this," said Mrs. Edwards' daughter, Glennon McBride of Hermitage. "She should be doing three years in jail. Now she's down to a misdemeanor."
Ohio Highway Patrol charged Ms. Settlemire two days after the Jan. 26 crash with aggravated vehicular homicide and aggravated vehicular assault by vehicle. A Trumbull County grand jury reduced the charges to misdemeanors on Feb. 1, after results of Breathalyzer and field sobriety tests were thrown out.
Police said the car Ms. Settlemire was driving went left of center on Standard Avenue in Masury and crashed head on into a car driven by Margaret Snyder, 72, of Stevenson Road, Masury. Mrs. Snyder and her passenger, Mrs. Edwards, had just left St. Bernadette's Church on Locust Street in Brookfield, police said.
Mrs. Edwards died the next day in Allegheny General Hospital in Pittsburgh of accident-related injuries. Mrs. Snyder was hospitalized for two weeks because of a broken ankle that needed surgery.
According to a highway patrol report, Ms. Settlemire admitted to having "four or five beers." She told police that she left a downtown Sharon bar and was going to see a friend on Second Street in Masury.
According to court paperwork, a Breathalyzer reading, taken shortly after the collision, showed Ms. Settlemire's blood alcohol level was 0.144; Ohio's legal limit is 0.1.
A grand jury threw out the breath-test results because the Breathalyzer machine, which is owned by Brookfield police, was a day overdue for its state-mandated calibration test, when OHP used it. Brookfield police said they tested the device one or two days after Ms. Settlemire's test, and the machine calibrated perfectly.
"I caused an accident ... I take full responsibility for the accident ... I never intended any harm to Mrs. Snyder or Mrs. Edwards but harm is what I did," Ms. Settlemire told the judge before her sentencing. She also turned to address Mrs. Edwards' family, breaking into tears repeatedly during her speech. "I have always strived in my life to be a good person. Whatever penalty the court gives ... will be nothing compared to the pain and anguish I carry ... for knowing what I've done."
Mrs. Edwards' son, Adam Edwards, and Mrs. McBride, also spoke.
"... The hell we went through for seven months, today feels like seven days," said Edwards, of Clark. "The milestones in my family she has missed -- graduations, promotions ... no one can know what that means except my family right now," he said, breaking down. "We ask the court for some vindication."
"She lived for her family," Mrs. McBride said of her 71-year-old mother. "This was her time; her time to enjoy her golden years, her grandchildren. Our holidays will never be the same."
They asked Logan to hand down the maximum penalty. "It's a small price to pay for our burden we have to live with the rest of our lives," said Edwards.
After the sentence was passed, the victim's family and friends tearfully hugged one another.
Ms. Settlemire's attorney, Robert Kokor of Brookfield, said, "This was a tremendous tragedy. I think in a case such as this one, everyone involved is affected by it. I believe that includes the judge. It's a tragedy that touched everyone."
After the sentencing, Mrs. McBride said, "We needed this for some closure. It's been a long time coming. As far as forgiveness, I hope it's coming, but it sure isn't here now."