Teen vehicular homicide trial to proceed

By Denise G. Callahan

A Butler County teen facing a vehicular homicide charge in juvenile court will go on trial, despite his attorney's efforts to get the charges reduced.

Andrew Hensley, 18, of Milford Twp., stands charged with vehicular homicide and failure to yield from a stop sign, in the death of 25-year-old Donald Herbst of Camden. The charge rose to the level of a felony four because Hensley allegedly had an invalid driver's license at the time he hit Herbst, who was on a motorcycle, headed south on Ohio 177 at Harris Road on May 2.

Hensley's attorney, Frank Schiavone Sr., asked Judge Kathleen Romans Friday to reduce the charge from a felony to a misdemeanor because he said the teen's driver's license was restored by the juvenile court in March. He just hadn't paid the $ 25 reinstatement fee yet. Hensley received a speeding ticket and had his license taken away for a while.

He produced a court document dated March 9 that reads, "The child's driving privileges shall be restored in full as of this date." He pointed to a state law that governs felony vehicular homicides and said for a person to be eligible for a felony charge, they must have an invalid driver's license and not be eligible to renew the license without taking a driver's test. His client didn't need to take the test.

Assistant Prosecutor Jeff Schlessman said Hensley's license was retrievable in March but a notification was also sent to him telling him not to drive until he received notification from the Bureau of Motor Vehicles.

"The problem with the argument that's made by defense counsel is that it's not a matter of whether or not the reexamination is or is not necessary," he said. "It's the fact it's a reinstatement not a renewal, the license was not renewed."

Hensley's mother paid the $ 25 about six hours after the May 2 accident. Schiavone countered that someone told her she needed to pay the fee and she did.

Romans said each side was interpreting the law in a different way and the law itself is not "crystal clear." She said a "plain reading" of the law lead her to agree with the prosecutors so she set a trial date of Nov. 16.

Schiavone said he wasn't surprised the judge ruled a trial will proceed.

"What I think is important is what was his state of mind, did he really think he was without a license, or based on that court order he was driving legally," Schiavone said.

Hensley, who turned 18 in July, has been on house arrest since his birthday. His parents, Larry and Joni Hensley, were also charged in this case, with wrongful entrustment of a motor vehicle in Area I court. Their trial date has not been set yet.

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