DAYTON — A murder conviction in Ohio automatically gets you 15 years to life in a state prison. But what if you kill someone with a car?
Ohio law is much different in those cases, with much lighter punishments.
News Center 7’s Mike Campbell spoke with lawmakers and families who have lost loved ones to speeding or drunk drivers. They said it’s time for the law to change.
If you are convicted of killing someone with a gun or knife in Ohio, the least you can expect to serve in prison is 15 years to life, probably more. But, if you kill someone with a car, depending on the circumstances, it could only be a few years, maybe even a few months in prison.
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Now, families are looking for equal justice.
Crystal Heflin is a grieving mother. She lost her son, Chris Gwynne, just days before he graduated from Northmont High School in 2023.
“It’s just a terrible feeling, knowing that it’s almost like they’re saying your loved one’s life doesn’t matter,” she said.
Gwynn and his friends, who were checking out other graduation parties, got into a classmate’s car. That 18-year-old girl, who prosecutors said had been drinking, sped down Salem Avenue over 70 mph in a 35-mph zone, lost control, hit a pole, and Chris, sitting in the back seat, died as a result of the crash.
“It’s very hard, as you know. It’s graduation time again, and I had to get Chris’ diploma,” Heflin said.
She said she saw an epidemic in Ohio and across the country of light sentences involving death from vehicles. Former Ohio State football player Kirk Barton killed a 23-year-old man in the Columbus area by slamming into his vehicle at a high rate of speed.
Barton had previous OVIs and registered 2.5 times the legal alcohol level. He received only 5 to 7.5 years in prison.
A 23-year-old woman died in Las Vegas in 2021 when pro football receiver Henry Ruggs, III, slammed his high-profile performance vehicle into her car at almost 160 mph. He received only 3 to 10 years and has already had a parole hearing.
Heflin believes sentencing laws for killing someone with a car are horribly weak.
Someone who is convicted of killing someone with a car, vehicle homicide, is a first-degree misdemeanor with a six-month sentence.
An aggravated vehicular homicide comes with a top-end sentence of 3 to 8 years and only goes up to 11 years if the driver is under suspension or has a previous OVI.
Lawmakers create those guidelines under Ohio Revised Code.
State Rep. Phil Plummer said, “There is a big disparity in sentencing on a loss of life.” He also saw the problem while serving several years as sheriff in Montgomery County.
“You have different levels of it, but it certainly doesn’t match the level of shooting somebody with a gun by any means,” Plummer said.
He said convictions for murder mean someone intentionally took someone’s life. It can be tougher to prove intent for someone who is driving a vehicle. However, parents like Heflin believe speeding and drinking, then getting behind the wheel, is not intending to drive safely.
“Good point on drinking and driving. There’s no excuse in that, so I will definitely take a look at that statute,” Plummer said.
Heflin said she felt like the justice system slapped her in the face, telling her that her son’s life was only worth 30 days. She has to serve a “rest of her life” sentence of missing her son every day.
“I’ll never have a grandchild from him. It’s just so many misses. So many misses and that’s never, ever going to be forgotten,” Heflin said
News Center 7 checked with the Montgomery County Prosecutor’s Office, and they emphasized that lawmakers set sentencing guidelines. They also pointed out that prosecutors did ask the judge to give the young woman who crashed and killed Gwynn a three-year sentence, which did not happen
Most reckless driving deaths in Ohio are classified as misdemeanors or low-level felonies. The State Prosecutors Association and other victim advocates often push lawmakers to increase mandatory minimum sentences and reclassify driving fatalities to higher-tier felonies.
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