A Peru man was found guilty tonight by a jury on five of the seven charges brought against him stemming from the death of a passenger in his vehicle after a drunk driving crash.
On May 11, 2013, Jacoby Sanders, then 19 years old, left a party on Daniels Road in a 2001 Volkswagon. He was driving friends, Miranda Worl, then 18 years old, of Peru, and Dalton James Rose, also 18 years old from Peru.
According to the accident report, Worl was a front seat passenger in the vehicle and Rose was a backseat passenger on the passenger side of the vehicle.
Sanders was traveling westbound on Daniels Road near a residence in the 4900 block when he was unable to negotiate a ninety-degree turn to the south and left the west side of the road.
The Volkswagon traveled approximately 50 feet down a slight embankment before striking several trees and coming to rest facing the southeast.
The car was burning and according to testimony this week in the Miami County Superior Court with Judge David Grund presiding and in front of a jury. Worl and Sanders, who were also both injured in the accident, both pulled Rose from the back of the vehicle and laid him near the rear of the car.
Worl left the scene of the accident and traveled approximately one mile back to the party to alert friends to the accident, passing several homes along the way.
Sanders waited across the street from the accident and was picked up by Tarrin Copper, then 22, and Adam Betzner, then 23, who met with Worl at the party and learned about the accident.
The pair drove to the accident scene and took Sanders from the accident to his father’s home in Peru, and then Sanders was taken to Dukes Memorial Hospital by his grandmother with a severe injury to his leg and bleeding.
All of the people left Rose at the scene, although the Miami County Central Dispatch Center did receive a 911 call about the accident.
According to the accident report, both Sanders and Worl were wearing seat belts at the time of the accident and Rose was not. Rose reportedly suffered internal injuries to his entire body and was pronounced dead.
Officers from the scene would have to wait several hours before being alerted to Sanders presence at the Emergency Room. His blood alcohol level was taken at that time and was .02 percent.
Sanders was found guilty of five of the counts he was charged with today, although two counts involving his blood alcohol level being .08 percent or higher were thrown out by the jury.
Sanders was found guilty of Count 1: Failure to stop after an accident resulting in serious bodily injury, a Class B felony, which can carry a sentence of 6 to 20 years and a $10,000 fine.
Sanders was found guilty of Count 2: Illegal consumption of an alcoholic beverage, a Class C misdemeanor
Sanders was found guilty of Count 3: Operating a vehicle while intoxicated and endangering another person, a Class A misdemeanor, which can carry a sentence of six months to one year and a fine of $5,000.
Sanders was found guilty of Count 6: Causing a death when operating a motor vehicle while intoxicated, a Class C felony, which carries a sentence of two to eight years and a fine up to $10,000.
Sanders was found guilty of Count 7: Failure to stop after an accident resulting in a death, a Class C felony.
Sanders was found not guilty of Counts 4 and 5: Operating a vehicle while intoxicated with a blood alcohol level of .08 percent or higher, a Class C misdemeanor; and Causing a death while operating a motor vehicle with a blood alcohol level of .08 percent or higher, a Class C felony.
The Miami County Prosecutor’s Office was represented by Chief Deputy Prosecutor Jeff Sinkovics and Sanders was represented by attorney D.J. Bolinger. The trial began with jury selections Monday this week and concluded today.
A sentencing hearing in front of Judge David Grund on the Miami County Superior Court is scheduled to take place September 22, 2015 at 9 a.m.