Man faces 45 days in jail for 2013 fatal crash
LANCASTER – The grieving sister of a 24-year-old man, who was killed in a hit-and-run pedestrian crash in 2013, told the driver that she forgives him for hitting her brother and for continuing on to work that day.
It’s been a long 18 months for Josh Barnes’ family. Many of them spoke during a hearing for the driver, Thomas J. Miller, on Friday in Fairfield County Municipal Court. Miller pleaded guilty to leaving the scene of a crash, a first-degree misdemeanor.
“I forgive you because that’s what my brother would have me do,” said Jennifer Barnes, Josh’s older sister.
Jennifer Barnes was emotional when she told Miller, 51, that she is human and understands that being human means making mistakes.
The crash occurred about 5:30 a.m. on Lithopolis Road, just outside the village, on Nov. 13, 2013. Miller was on his way to work when he said he hit something in the road and didn’t stop.
“He hit something,” said Miller’s defense attorney, Charles Elsea. “He didn’t know what he hit and left. ... What occurred was an accident. I think it could have happened to any of us.”
Elsea said it was dark and Josh was wearing dark clothing when the crash occurred. There were several accusations from family members that Miller had taken his prescription painkillers for his back when he was driving that contributed to the crash, but Elsea said there is no evidence of that. The medication was in his system, Elsea said, because he took it once he got to work.
Miller did apologize to the family, reading a letter aloud to the court with his hands shaking as he read:
“If I could change that day, I would gladly give my life for Josh Barnes’ life,” he said.
As part of a plea deal, Miller’s remaining criminal charges connected to the case were dismissed if he pleaded guilty to the traffic charge on Friday.
Many of Josh’s family members still believe the case should have been filed as a felony. However, after a lengthy review from the Fairfield County Prosecutor’s Office, it was transferred to the law director and city prosecutor’s office for potential misdemeanor charges.
Miller was arraigned on charges of vehicular homicide, a first-degree misdemeanor, and vehicular manslaughter, a second-degree misdemeanor.
Josh’s family said they were pleased that the city prosecutor’s office took the case.
“Today, our family has closure thanks to the city prosecutor, Stephanie (Hall),” the family said in a statement after the hearing.
Miller was sentenced by Fairfield County Municipal Judge James A. Fields to serve 180 days in jail, with 135 suspended. Once Miller completes the 45-day jail sentence, he will undergo three years of probation, must abstain from alcohol and illegal drugs, and cannot operate a vehicle for the next three years, among other restrictions. He must also pay a $750 fine.
During the hearing, Miller admitted to abusing alcohol or drugs as a result of his emotional distress from the case. He was convicted of an OVI in Lancaster earlier this year, which he said is due to depression and anxiety related to the crash. He is seeking counseling for the problems.
Fields ordered that Miller continue counseling and undergo regular drug testing to ensure he is not abusing his prescribed pain medication.
Other than the OVI, Elsea said, his client has been a good citizen but does have a criminal past from an aggravated burglary conviction in the 1980s. Miller spent more than 11 years in prison and was released in 1999. Elsea said Miller has maintained employment up until the crash, when he lost his job because of his mental health issues.
Fields said that Miller has a difficult journey ahead of him once released from jail and that the burden he carries is great.
“This is your opportunity,” Fields said. “You’ve got to make good for Mr. Barnes.”
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