Horst sentenced to three years for fatal accident

LISBON — A Canfield man described as a hardworking gentle giant who was faithful to his family and church was sentenced to three years in prison Thursday after a jury found him guilty in a fatal crash.
“I did not mean to cause any harm to anybody,” Lowell Horst said, asking the judge to grant him mercy.
Horst, 29, Lisbon Road, admitted to watching sports highlights on YouTube on his phone and not paying attention while driving west on state Route 172 on Sept. 22, 2023. Ohio State Highway Patrol investigators concluded his Chevy Silverado traveled left of center and collided head-on with an eastbound GMC Terrain. The driver, Leslie Coss, 83, of Massillon, suffered serious physical injuries and his wife, Mary Coss, 81, died at the scene.
After listening to two days of testimony in Columbiana County Common Pleas Court, a jury of six men and six woman deliberated for more than an hour before issuing a guilty verdict against Horst for aggravated vehicular homicide, a third-degree felony, and vehicular assault, a fourth-degree felony.
Judge Megan Bickerton sentenced him immediately to 36 months in prison and a mandatory suspension of his driver’s license for 15 years for the aggravated vehicular homicide, along with nine months in prison for the vehicular assault and a two-year license suspension. The terms were ordered served concurrently, at the same time, for the total of three years in prison and a 15-year license suspension. Assistant Prosecutor Steve Yacovone had recommended a five-year prison term, which would have been the maximum for the aggravated vehicular homicide, with 12 months for the other charge to be served concurrently.
“No matter what I do, the Cosses are gone. I can’t bring back a loss of life,” Bickerton said.
Horst had a courtroom full of supporters, both family and friends, who attended every day of the trial and were there for the verdict and sentencing. A friend spoke on his behalf, saying “he would never ever intentionally hurt someone.”
The friend noted that Horst lost his father to cancer and had been taking care of his widowed mother. He said he trusted him completely and talked about how he’s good with children, a volunteer, a hard worker and a devoted son.
Horst’s older brother also spoke, breaking down in tears as he talked about Lowell being an asset to his church. He said children love him and he’s the favorite uncle. He also mentioned how Lowell takes care of their mother, both financially and emotionally.
His hired defense attorney, Michael McGee, who was assisted by fellow defense attorney James LaPolla, asked the judge to consider a suspended sentence and probation, promising his client would comply with any terms.
“Lowell Horst has no criminal background whatsoever. This was not an intentional crime,” McGee said.
He also noted the support for Lowell that was evident every day in the courtroom. He recounted how Lowell’s mother relies on him, how he volunteers and how he was forthright during the interview with the trooper. He asked the judge to show mercy.
McGee also mentioned the fact that there’s a civil lawsuit pending against Horst and his employer by the estate of the Cosses, saying there’s insurance. Leslie Coss passed away a few months after the accident.
In addressing the court, Horst said, “It really bothers me the way things turned out.”
Evidence showed that he was speeding at 68 miles per hour coming around the curve near the Zepernick Lake parking lot. He originally claimed the Coss vehicle pulled out in front of him and he swerved to the right, but eventually admitted he had been distracted because he was watching a YouTube video. Evidence showed he applied his brakes, but it was too late.
“This is the reason why we have laws against distracted driving,” Yacovone said after the sentencing.
“Ultimately I’m very happy we got justice for the victims and their family. I’m very satisfied with the outcome by the jury. It was the right decision. I think the evidence spoke for itself,” he said.
The daughter of the victims, Sharon Lendon, and her husband, Dave, were also in the courtroom every day. They did not address the court, but Bickerton offered her condolences to them.
She agreed with Yacovone, saying everybody’s guilty of looking at their phone while driving. She said that’s why the law was put in place with punishment, to hold people accountable who don’t follow the law. She told Horst he wasn’t a bad person. She believed he was an upstanding citizen and what his friend and brother said about him.
“You made a mistake that resulted in a horrible outcome,” she said.
She was troubled that they went through this whole process, making her question his remorse. She acknowledged the support he had in the courtroom and the fact that his brother couldn’t even get the words out he was so upset. Nobody is perfect, but it’s how people respond to address their mistakes.
Bickerton talked about the speeding, left of center and the distracted driving.
“The cumulative behavior amounted to this accident,” she said.
She reminded Horst that no matter what sentence she gave him, he gets to walk out one day. She said there was no presumption for community control for the homicide charge and that she must consider how egregious the offense was. She recalled his first statement, that he swerved to the right and the Cosses pulled out in front of him.
“That’s not what happened,” she said.
After sentencing, McGee requested a stay of the sentence pending appeal, but the request was denied. Horst was taken to the county jail to await his transfer to prison. He had been out on bail while the case was pending.
mgreier@mojonews.com