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LISBON -- The emotional mothers of one teen who died and another teen who was severely injured in a May 2016 crash were among those who spoke at the sentencing hearing of the driver Thursday in Columbiana County Common Pleas Court.
"I just wish every young driver in Ohio could have been in here to hear those mothers speak today," Assistant County Prosecutor Ryan Weikart said following the hearing.
Jacob T. Chamberlain, 19, Bacon Avenue, East Palestine, the driver the night of May 27, 2016, was sentenced by Judge Scott Washam to six years in prison and had his driver's license suspended for life.
Chamberlain tested positive for both marijuana metabolite and alcohol, with a urine test alcohol level of .129 following the accident.
Weikart said the highway patrol determined the vehicle was traveling at between 83 and 96 mph on Creek Road north of New Waterford approaching the intersection with Metz Road just prior to midnight when Chamberlain ran a stop sign, failed to negotiate the right turn and flipped the vehicle into an embankment and a tree.
The actions led to the death of one passenger, Timothy Walton, and the severe injuries of Tyler S. Barnes.
Both mothers described in detail the ordeal of learning of the accident and the losses they and their families have endured after the crash.
But it was not just the fact that Chamberlain was driving while intoxicated that was the most upsetting to the families of the other two teens. It was the fact that Chamberlain climbed out of the 2004 Chevrolet Impala, past his friends and left the scene.
"It's sometimes unbelievable how one incredibly poor and careless decision can affect so many people," Weikart said before allowing the families an opportunity to address the court.
Rachel Zubay, the mother of Walton, cried as she said she could understand Chamberlain driving intoxicated because it happens, but she could not understand how Chamberlain could leave someone he considered his friends.
"My son didn't mean anything to him," Zubay said. "Had he been a true friend I would ask for leniency for him … He's shown no remorse, he's no friend … Someday I hope I can forgive him. He left my grandson without a father. He never got to meet his child."
Tricia Barnes, the mother of Tyler Barnes, said her son could not address the court himself because it was too emotional for him.
While her son doesn't remember the crash, she said she remembers everything. How they found out about the crash through messages on her daughter's phone and used the GPS on her son's phone to determine he was at St. Elizabeth's Hospital. How she called the hospital to be told he was there, but they could not give her any information about his condition due to privacy laws. How they made the long trip to the hospital after the hospital staff told them not to speed.
Her son's friends were gathered when they arrived and the doctors told the family Barnes had a broken neck, broken back, collapsed lung, several broken ribs, groin injury, multiple facial injuries and a significant head injury.
She was dimly aware there was another family there, grieving. She said she felt so sorry she was not there for Walton's family.
"The despair I saw on their faces is something I will never forget," Tricia Barnes said.
She went on to describe her son's long recovery and all the things his family did to assist in it. At the same time she shamed Chamberlain, who was caught riding in another vehicle while intoxicated in the months following the crash and charged with underage consumption, challenging that he had not learned from what happened.
She also scolded him for leaving that night, something she called an "act of self preservation" and going past three homes in the immediate vicinity.
"Jacob hasn't yet demonstrated any remorse for the physical loss of Tyler or the emotional losses of the Zubay family," Tricia Barnes said, adding she hoped he used his prison time to reflect and feel sorry for his actions.
She questioned Chamberlain's family providing him with a deadly weapon (a vehicle) and then providing him with an attorney.
"Jacob's actions are a product of his parents and I hope everyone suffers," Barnes added.
Walton's father, Brian Zubay, also addressed the court, saying his son and Chamberlain were good friends, he thought, but he did not believe his son would have ever left Chamberlain if he was lying there bleeding.
"You crawled over them. You walked right past my house, Tyler's house, the police station," Zubay said…. "Your parents will get to see you again … You'll get to grow up and have a life."
Because Chamberlain walked away, Brian Zubay said he was unable to hold his son's hand when he drew his last breath. "You took that from me."
Walton's sister, Domenica Zubay also talked through tears about how Chamberlain was one of her favorites out of her brother's friends and she could not understand why he has never told her he is sorry for what happened.
Additionally, she talked about all the holidays and family events which are now never the same now without her brother.
"I sat up last night crying because I kept thinking what can I say to you to address all of the hurt and all of the emotions and feeling and there is nothing I can say to make myself feel better, because my brother is not here for me," she said.
Chamberlain and his defense attorney, Ronald Yarwood, agreed to the six-year prison sentence.
Before sentencing, a soft-spoken Chamberlain apologized and said he did not think his apology was good enough. He talked about how hard life is and he has had things he tried to deal with and ways he tried to escape his pain from other things.
Chamberlain talked about how invincible they believed they were. He said he would try to better himself in prison.
"I'm sorry for my actions," Chamberlain said, adding they were prompted in part by the loss of a cousin who had died prior to the accident.
Yarwood also talked about Chamberlain's remorse he has seen for what he did and talked about Chamberlain's substance abuse problem and him suffering from depression and anxiety since the accident.
"I know he was friends of these individuals," Yarwood said. "I know they meant a lot to him. I know he is ashamed of his conduct regarding what happened after the accident. Ironically that is what bothers him the most."
At a hearing on Nov. 15, 2017, Chamberlain pleaded guilty to all the charges against him -- two counts of aggravated vehicular homicide, two counts of aggravated vehicular assault and three counts of OVI. For the purposes of sentencing the charges were merged to one count of aggravated vehicular homicide, one count of aggravated vehicular assault and one count of OVI. He was facing up to 13 years in prison.
djohnson@mojonews.com