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A judge said she'll review a video of Lowell Horst's statement and issue a written decision on whether to suppress what he said regarding a Sept. 23, 2022 fatal accident.
Columbiana County Common Pleas Court Judge Megan Bickerton heard testimony Friday during a suppression hearing in the case against Horst, 29, Lisbon Road, Canfield.
Horst was indicted in 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 and causing serious physical harm to her husband, Leslie R. Coss, 83, who was the driver. The accident occurred on state Route 172 near Zepernick Lake.
Defense attorney Michael McGee filed a motion asking the court to suppress statements his client made to troopers investigating the fatal crash, claiming the alleged custodial statements violated his client's rights against self-incrimination.
County Assistant Prosecutor Steve Yacovone noted in his written response to the motion that Horst was watching a video of sports highlights on YouTube while driving and was distracted at the time of the accident.
During testimony Friday, Lt. Daniel Morrison of the Ohio State Highway Patrol said he was first on the scene of the crash involving the truck and an SUV.
He said he arranged for Horst to voluntarily come to the Lisbon patrol barracks on Sept. 28, 2022, five days after the crash. The interview took place in a conference room and the door was left open until there was talking in the hallway, prompting Morrison to shut the door. The door was not locked and Horst was not in custody. He drove himself there and left after the interview was completed.
"I told him he could leave at any time. I told him he was not under arrest," Morrison said.
The entire interview was recorded and during the interview, Morrison said Horst at first admitted to listening to music on his cell phone. Morrison said Horst at some point said he wanted to be honest and said "I was watching sports highlights on my phone."
"He admitted it was a distraction before the crash," Morrison said.
Yacovone asked if Horst exercised his right to be silent, or request an attorney or to leave, but Morrison said he did not.
"He was never in custody. He was free to go any any point," Morrison said.
Morrison had been a sergeant at the time assigned to the Lisbon post, but he's currently a lieutenant at the Warren post.
McGee said he had no questions for the witness. He had indicated to the judge that he planned to file additional motions, including to challenge the search of his client's phone. She set a motions hearing for 3 p.m. Sept. 25 for the additional motions.
The victim who was injured, Leslie Coss, passed away on Jan. 5 this year at the age of 83, according to an obituary posted online.
mgreier@mojonews.com