LISBON -The vehicular homicide charge against Michael Bair, a 31-year-old truck driver from Poland, has been again rescheduled for a jury trial in Columbiana County Municipal Court.
Bair is charged in the March death of David Mayfield, 35, Annesley Road, East Liverpool. Mayfield was killed on March 13 when a dump truck overturned onto his Dodge Durango off the side of state Route 7 in Elkrun Township. Bair, the driver of the dump truck, was hauling gravel for Sebastian Trucking.
While both sides had started Thursday hoping to finalize a plea agreement, the deal apparently fell through. The plea hearing scheduled for 11:30 a.m. did not go forward until after 1 p.m., as two defense attorneys David A. D'Apolito and Mark A. Carfolo, Assistant Prosecutor Don Humphrey and even an attorney for the family Nicholas Amato spoke together several times, including at times with Judge Mark Frost.
"We've had some lengthy discussions," D'Apolito said. "Some additional elements have been added. I think (Bair) is feeling pressure and he would like some additional time to think about it."
One of the items discussed in open court was that Bair was being asked to plead to a first-degree misdemeanor, not a third degree misdemeanor as originally thought. Frost also apologized, noting that while he was not involved in creating the deal there were parameters he had told them he would not accept in a plea agreement.
Frost said he understood Bair needing additional time and set the case for a jury trial on Dec. 6. He asked the attorneys to let the court know if Bair decided to take the plea deal instead and another hearing could be set for him to plead.
