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LISBON -- The jury trial for a Niles man charged with aggravated vehicular homicide for a 2025 fatal crash remains set for 9 a.m. Nov. 17 after a judge denied defense requests for a continuance and funds for an accident reconstruction expert.
Michael James Scheuring, 40, is scheduled to face a status hearing at 10 a.m. Nov. 9 before Columbiana County Common Pleas Court Judge Megan Bickerton, with the trial set for 9 a.m. Nov. 17.
In her written decision denying the defense motions, Bickerton pointed out the defendant had retained private counsel and was not found indigent. He attached to the motion for appropriation of funds for a crash reconstructionist a financial affidavit of indigence, indicating he has no money. The motion noted his inability to bear the requested expert expenses, which totaled $4,500.
"The defendant has failed to establish the reasonableness of his request," Bickerton wrote, denying the motion.
The motion filed by defense attorney Rhys Cartwright-Jones said the state's evidence includes interior and exterior video recordings, vehicle data, roadway measurements and crash reconstruction materials.
"Of particular significance, the interior video depicts defendant briefly looking toward his cellular telephone before the collision. The defense disputes whether this momentary distraction caused the accident. A substantial interval elapsed between defendant's glance toward the telephone and the collision, raising a material question concerning causation. Independent reconstruction would permit examination of the timing, distance traveled, vehicle dynamics, steering inputs and intervening events," the motion said.
The defense also asked for more time, for the trial date to be delayed, so the proposed expert can examine the evidence, complete the reconstruction and prepare findings which the defense can then evaluate, disclose and address at trial.
The judge also denied that motion to move the trial date.
Scheuring remains out of jail on a $75,000 recognizance bond.
The indictment against him alleged that on Oct. 11, 2025, while operating a 2025 International, he caused the death of Diane Lewallen, recklessly.
Diane Lyn Lewallen was 44 years old at the time of her death and lived in Monroe, Tenn. According to the Ohio State Highway Patrol report, a tanker truck driven by Scheuring was traveling east on state Route 172, West Township at 7:46 p.m. when he allegedly drove off the roadway to the right, overcorrected, crossed the center line, overturned and struck a westbound Ford Bronco driven by Lewallen and ran off the roadway to the left. The Lewallen vehicle ran off the roadway to the right and overturned.
Both Lewallen and her front seat passenger, who was her daughter and 17 at the time, were wearing seat belts. Both front and side airbags deployed for both Lewallen and her passenger. Lewallen had to be extricated, but died. The passenger wasn't trapped and was taken by Hanover Township EMS to Mercy Hospital in Canton for treatment of her injuries.
Scheuring was also injured and taken to Mercy Hospital in Canton by Minerva EMS. He was wearing a seat belt. No alcohol or drug tests were given, according to the report.