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Drunk driver who struck friend with car has appeal denied
ANNIE YAMSON
Special to the Legal News
Published: April 12, 2016
The judgment of the Lake County Court of Common Pleas was affirmed this week in a drunk driving and vehicular assault case.
A panel of three judges in the 11th District Court of Appeals ruled that Samuel Purdy was properly found guilty on charges of OVI, aggravated vehicular assault and failure to stop after a nonpublic road accident.
The case stemmed from events that took place on March 1, 2014. At trial, the state presented evidence that Purdy was in attendance at a birthday party with Ashley Prelesnik and her boyfriend, Jimmy Muntain at a Panini’s restaurant.
All three had been drinking heavily and were eventually cut off by restaurant staff but they were driven home by a friend who did not consume alcohol that evening.
Once the group arrived in the parking lot of Prelesnik’s apartment complex, Purdy attempted to leave the scene in his truck, which he had parked there earlier that day.
He was apparently angry from a conversation that took place during the drive home and he ignored his friends’ admonitions that he was too drunk to drive.
Once Purdy got into his truck and started the engine, Prelesnik reach through the window and attempted to grab the keys from the ignition.
When she tried a second time, Purdy aggressively pulled forward from his parking spot, turned left and struck another vehicle then quickly exited the parking lot.
The sober friend, Zaid Alsafi, recorded part of the incident. In the recording, the sound of an engine revving, a crash and tires squealing could be heard.
Prelesnik was unable to pull away once the truck started moving and suffered severe injuries. Her body was crushed into the side of the vehicle that Purdy hit.
Once she fell from the truck, Purdy ran over her body with his rear left tire and did not stop once his friends called out.
Prelesnik suffered contusions to her head and required more than 40 stitches, bruising to her brain, three broken ribs, a bruised leg, liver lesions, severe road rash and a fractured elbow.
Purdy was located at his parents’ home around 4 a.m. and, upon questioning by police, he admitted that he “drank too much” and “shouldn’t have driven home.”
He admitted crashing into a car but denied knowing that Prelesnik was injured.
Although sobriety tests were never performed, at trial, the state presented testimony that Purdy drank about 12 mixed drinks along with some beer and liquor shots.
Purdy was ultimately sentenced to 36 months in prison and a 10-year driver’s license suspension.
On direct appeal to the 11th District court, Purdy claimed the evidence did not support his convictions and that the trial court should have granted him an acquittal. He also argued that the evidence weighed in favor of acquittal.
The court of appeals found otherwise.
“Any rational jury could have found the elements of OVI, in violation of R.C. 4511.19(A)(1)(a), proven beyond a reasonable doubt,” Judge Timothy Cannon wrote for the court of appeals.
The appellate panel also held that the amount of evidence in support of the fact that Purdy’s conduct was a substantial factor in causing serious physical harm to Prelesnik was “not only sufficient, but overwhelming.”
The reviewing court pointed to evidence that Purdy gave a statement to police that he had too much to drink but chose to drive anyway, he knew that Prelesnik had reached into his truck in an attempt to take his keys and knew that he had crashed into his friend’s vehicle while leaving the parking lot.
“Further, the audio recording admitted at trial reveals mere seconds passed between the moment Prelesnik initially reached into the truck, of which appellant admits he was aware, and the moment Prelesnik was run over by appellant,” Cannon wrote.
The appellate panel held that any lucid, rational jury would convict Purdy of aggravated vehicular assault. It also ruled that the weight of the evidence was in favor of conviction.
“Appellant did not put on a case in chief, and he did not present any evidence to overcome the weight of the evidence presented by the prosecution,” Cannon wrote. “The jury did not lose its way or create a manifest miscarriage of justice by finding appellant guilty of OVI and AVA.”
The judgment of the Lake County court was affirmed with Judges Diane Grendell and Thomas Wright concurring.
The case is cited State v. Purdy, 2016-Ohio-1302.
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