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LISBON -- A drunk driver who struck another vehicle injuring five members of a family was sentenced on Friday by County Common Pleas Court Judge C. Ashley Pike to spend a year in prison.
Jennifer N. Russell, 36, Summit Drive, East Liverpool, had pleaded guilty in November to five counts of aggravated vehicular assault for injuries caused in a November 2015 head on crash on state Route 344, where Russell's Chevy Traverse collided with another vehicle driven by Audrey Wylie of Salem.
Injured in the crash were Wylie's passengers, Clifford McFarland Sr., and their children, Clifford McFarland Jr., Isabella McFarland, Gabriella McFarland and Samantha McFarland.
McFarland Sr. spoke before Russell's sentencing stating he has no connection to Russell and until Friday he did not even know what Russell looked like. But he said he was not in favor of any sentence above the minimum required one-year sentence.
"I understand the effects of drug and alcohol addiction," McFarland said, adding his children's injuries have healed. "I don't hate her. My kids don't hate her. We've all forgiven her a long time ago."
McFarland's recommendation was different from Chief Assistant County Prosecutor John Gamble, who had asked Pike for a three year prison sentence. Gamble described more than six and a half minutes of video another driver following Russell had recorded which showed her driving on and off the sides of state Route 11 prior to the crash. Gamble said Russell nearly struck a guardrail, the side of a bridge and the abutment holding up an overpass. She straddled the lines between the lanes and those marking the side of the road at different points and slid over nearly colliding with a vehicle legally passing her on the left.
"She was a danger to everyone in the public driving that day," Gamble said, noting her BAC was .230.
Gamble also questioned part of the presentencing memorandum filed by defense attorney Gerald Ingram, in which Ingram pointed out Russell also has children and they should not be further injured by their mother being sent away to prison.
"I do not mean to take lightly the physical harm to the McFarland children," Ingram said adding "The McFarlands, their harm is in the past so to speak… The future harm is to be caused to the Russell children. They are just as innocent as the McFarland children."
Ingram also did not agree with Gamble, stating Russell's test results were .229 in a urine screening, which he said reads differently and is lower than what it appears.
"No doubt, Jennifer Russell on the day of the accident showed horrible judgment by getting into the car and driving," Ingram said, "But she did not intend to cause anyone physical harm.
Ingram said Russell, formerly of Columbiana, and her family had to deal with waiting for two years after the accident before any charges were filed. Russell was never charged with OVI he noted, but had a year license suspension following the crash. She also went for alcohol rehabilitation counseling.
"In her 33 years on this earth, this is her only occurrence with the criminal justice system," Ingram said.
Before sentencing Russell said this has been a "very hard and emotional time for everyone." She apologized for the pain she has caused everyone and thanked McFarland for the comments he made on her behalf.
Pike said he received at least a dozen character letters on Russell's behalf and was happy she has already completed a treatment program. He sentenced her to the one year sentence and allowed her report at 7 p.m. on Dec. 27.
djohnson@mojonews.com