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LISBON -- The jury trial in the aggravated vehicular homicide case against Lowell Horst, the driver who allegedly admitted to watching sports highlights on his phone before a fatal accident, remains set for March 5.
Columbiana County Judge Megan Bickerton ruled on several motions Monday after hearing arguments from both the state and the defense regarding the use of a defense expert's report, the ability to use a photograph of the deceased victim, to exclude any mention of the other driver's death months after the accident being connected to the accident, stopping the ability of the state to use both the recorded statement and having a trooper repeat what was in the statement and to prohibit victim impact evidence.
Horst, 29, Lisbon Road, Canfield, was indicted last April on charges of aggravated vehicular homicide, a third-degree felony, and vehicular assault, a fourth-degree felony, for allegedly causing the death of 81-year-old Mary A. Coss while operating a 2009 Chevy Silverado recklessly. He was also accused of causing serious physical harm to her husband, Leslie R. Coss, 83, who was the driver of their SUV. The accident occurred on state Route 172 near Zepernick Lake on Sept. 23, 2022.
According to a trooper who took his statement, Horst allegedly admitted to watching sports highlights on his phone when the accident occurred.
The victim who was injured, Leslie Coss, passed away on Jan. 5, 2023 at the age of 83, according to an obituary posted online, but Horst remains only charged with vehicular assault.
During the motions hearing, Horst was accompanied by his hired defense attorneys Michael McGee and James LaPolla. The state was represented by county Assistant Prosecutor Steve Yacovone.
Most of the discussion focused on the defense expert's report, which McGee said doesn't give the opinion of the expert but the principle of response time analysis, noting that whether his client was distracted or not, this has to do more with how quickly he responded.
Yacovone, who asked that the report be excluded from evidence, said the defense report is misleading and attempts to circumvent the jury by saying the defendant wasn't distracted. He said that's up to the jury to decide, not an expert witness. He said the evidence that includes statements by the defendant can prove recklessness, which is one of the elements of the charge against him.
Bickerton agreed with the state in saying that the issue of recklessness or distraction is up to the jury, not the expert. The jury is the trier of fact in the case. She said she's not going to prohibit the expert from testifying, but will grant the motion filed by the state to limit the report and noted she'll have to wait to see what evidence comes in.
She denied the motions filed by the defense, saying she'll allow the one photo the state plans to use showing the victim deceased with a head injury. She denied the defense team's attempt to stop the state from using testimony of a trooper to support the taped statement of the defendant to be played for the jury, saying the trooper's testimony would authenticate the taped statement.
McGee also wanted assurances that there would be no mention of the one victim's death months after the accident or any type of victim impact testimony, considering the victims' daughter may testify. Yacovone said he had already talked to her about that.
Both sides said they would be ready to go to trial next week.
The judge reminded the defendant of what he's facing, with up to 60 months in prison and a $10,000 fine for aggravated vehicular homicide and up to 18 months in prison and a $5,000 fine for vehicular assault, for a total possible prison term of up to 78 months in prison.
mgreier@mojonews.com