Vehicular homicide sentencing takes surprising turn
CHILLICOTHE – What began as a routine hearing and sentencing Thursday on a no contest plea for Melvin Woodard in the 2013 death of a Londonderry man in a fatal crash ended with Woodard suddenly changing his mind and the case being set for trial.
It’s not the first time Woodard has had a change of heart during court proceedings in the case. As potential jurors waited in the courtroom for jury selection to begin May 27, the defendant opted not to go ahead with a jury trial on felony aggravated vehicular homicide and aggravated vehicular assault charges, instead deciding to plead guilty.
Then, as a July 9 sentencing date on the guilty plea approached, his case was continued and an agreement was reached in which he would plead no contest to a second-degree felony count of aggravated vehicular homicide and a third-degree aggravated vehicular assault charge in exchange for a cumulative six-year prison sentence and waiver of any fines. Thursday’s court appearance was supposed to be a hearing on acceptance of the no contest plea followed immediately by sentencing in the case.
Woodard is accused of striking motorcyclist Roger Seitz, 69, while attempting to make a left turn across traffic into a driveway along U.S. 50 on June 22, 2013. Seitz was pronounced dead at the scene while his passenger, Julia Stauffer, 63, suffered a broken back in the crash.
Initially, investigators did not suspect that Woodard had been driving impaired at the time of the crash, but later changed that perception, stating that urine test results revealed marijuana in his system, as well as prescription hydrocodone. The presence of those substances was included in the indictments handed down by a grand jury against him.
Thursday’s proceedings got off to a rocky start when it was discovered that Woodard had not filled out a form laying out the terms of the no contest plea and his acceptance of those terms, prompting a 10-minute recess in order to accomplish that. Then, when court was back in session, he answered a series of questions from Common Pleas Judge Scott Nusbaum regarding his willingness to enter the no contest plea and agreeing that the facts presented in the indictment were true.
A no contest plea means the defendant agrees the details of the indictment are factual but does not admit to guilt. In a no contest situation, the judge makes that determination based solely on the indictment.
The routine hearing became anything but that when Nusbaum asked Woodard if he thought Columbus attorney Kelly Parks had provided him adequate legal representation. The defendant said he did not think he was well-represented, claiming he thought Parks did not have enough experience with criminal cases, that he had a billing disagreement with Parks and claiming the attorney had not explained things very well to him.
“I think me and him have a misunderstanding that he can’t explain (things) to me for me to understand,” Woodard told the judge.
Parks has represented Woodard throughout his case, and Nusbaum pointedly asked the defendant why this was the first time he had heard of any concerns, stated that any billing issues were not an issue for the court and asking Woodard why he had agreed to the truth of the facts in the indictment in earlier questioning. Woodard said he disputes the claim that he was on marijuana and hydrocodone at the time of the crash and that he wanted to pull back the no contest plea he had just agreed to enter if the indictment claimed he was on those substances.
Ross County Prosecutor Matthew Schmidt expressed his frustration with the situation.
“I’m going to be honest with the court. From the State’s position, I’m tired of these antics and it would be my preference to simply let (Woodard change his plea), take him to trial and possibly ask for greater sentences,” Schmidt said.
Nusbaum noted a point of law that gives a defendant the opportunity to withdraw a guilty plea before sentencing and ruled that the case would be set for trial at a date to be determined.
Members of the crash victims’ families, who did not want to speak to the media after the proceedings, shook their heads in disbelief several times as Woodard laid out his rationale for changing his plea again.
Should Woodard be found guilty at trial, he could face anywhere from two to eight years in prison and up to a $15,000 fine on the aggravated vehicular homicide charge and one to five years and up to a $10,000 fine on the aggravated vehicular assault charge. The sentences would have the potential of being served either at the same time or back to back, and any prison time would be mandatory without the option of early release. His driver’s license also would be suspended for life.