County recorder sentenced for fatal 2019 traffic accident
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CANFIELD -- Columbiana County Recorder Theresa Bosel will not face any jail time for a 2019 traffic accident that claimed the life of former Salem resident Cecil Chamberlain.
During Tuesday's sentencing hearing on misdemeanor vehicular manslaughter charges, Mahoning County Municipal Court Judge Molly Johnson sentenced Bosel to one year probation and fined her $150.
Bosel was also sentenced to 90 days in jail -- the maximum allowed -- with 60 days suspended. The remaining 30 days were ordered served under electronically monitored house arrest "out of concern for the COVID-19 pandemic," Johnson said.
The judge deviated from the plea deal reached with the prosecutor's office by suspending Bosel's license for two years instead of the recommended one and then ordering she undergo a physical examination to determine her fitness to continue driving.
As part of her probation, Bosel was ordered to perform 120 hours of community service, to be completed, if possible, in the Salem area since Chamberlain felt so fondly about his old hometown.
Chamberlain lived in California but spent part of the year in Salem. The accident occurred while he was back to attend his 50th class reunion and go golfing with his old classmates.
The 69-year-old Chamberlain died after Bosel's Jeep Wrangler went left of center and struck his Ford Fusion on Aug. 18, 2019, on Western Reserve Road in Mahoning County. His wife, Roberta, was injured. Bosel's Jeep also struck a GMC Terrain, but neither the driver nor passenger in that vehicle were injured.
Bosel pleaded no contest on Nov. 3 and was found guilty by Johnson, who scheduled the sentencing hearing for Tuesday. Mrs. Chamberlain and her daughter, Abbey Brach, attended the hearing from California via Zoom, but chose not to comment because they were too upset, but did provide Johnson with written statements.
Attorney Greg Rossi attended the hearing on their behalf, telling Johnson, "Obviously, Aug, 19, 2019, changed their lives forever" because the family lost a loving husband, father and grandfather.
"They're asking for more than house arrest," he told Johnson, adding they believe the maximum 90-day jail sentence was warranted based on the totality of the evidence.
Rossi said they were concerned about two factors that may have played a role in the accident. First was the prescription medications Bosel had at the time, which drew an immediate objection from her attorney, Edward Hartwig, who said his client was not charged with driving impaired nor was there any evidence to that effect.
Rossi noted that Bosel, in her statement to investigators, stated she had taken prescriptive medication at 5 a.m. and usually waited at least eight hours before driving. The accident occurred six hours later at about 11 a.m.
Johnson allowed Rossi to continue, noting Bosel admitted taking the medication, but the judge also noted there was no evidence she was impaired. Bosel passed a field sobriety test administered at the scene but declined to provide a urine sample.
The Chamberlain family filed a civil suit against Bosel, which was settled earlier in the month, but Rossi said in the course of pursuing that lawsuit Bosel raised the defense that she suffered from seizures/blackouts. Rossi noted she originally denied being at fault and told investigators at the scene Chamberlain was the one who drove left of center, despite the witness statements and other evidence to the contrary.
Adam Newbold of Lisbon, Bosel's cousin, spoke next, telling Johnson she was raised with his family and was more like a sister than a cousin. He described Bosel as "someone who was always trying to fix thing and help others."
"I just want to express to everyone here that I know my cousin is a wonderful person," he said, as he apologized to the Chamberlain family for what occurred and expressed sympathy.
Newbold said when Bosel attended Thanksgiving dinner at his house "she couldn't even have a conversation without tears streaming down her face."
"I already believe my cousin is in prison and I believe she is going to be in there for the rest of her life ... She's absolutely torn apart and there's nothing she can do or anyone can do to fix it," he added.
Bosel's daughter, Hannah DeWalt, participated via Zoom from North Carolina, and tearfully described her mother as an amazing person, best friend and new grandmother.
"My mother would never put anyone intentionally at risk," she said.
DeWalt said her mother is devastated by what she has done and expressed her sympathy to the Chamberlain family. "She doesn't' eat, she doesn't sleep ... She is haunted by the accident," she said.
Finally, it was Bosel's turn to speak, and she explained how she suffered seizures/blackouts before. She had been seizure-free several months prior to the accident and was cleared by her doctor at the time of the accident.
Bosel was not sure at first she was not at fault, but then checked with her doctor. "I'm not trying to make an excuse ... I would never drive under the influence," she said, sobbing.
"I'm so sorry that it was my vehicle that took your husband. I don't have the words. I can't imagine what you feel, and I can never give him back to you," Bosel told the Chamberlains.
"I'm so very sorry for your loss. He's part of my life now. I see him every night when I close my eyes." she added.
Johnson said Bosel appeared to suffer from seizure-like blackouts the year prior to the accident, with her doctor at one time advising her not to drive. She did not have an episode for 60 days prior to the accident, but she had other medical episodes afterwards.
But Johnson pointed out Bosel was not charged with driving impaired. "Unfortunately, this court nor the surviving widow and family of Cecil Chamberlain will ever know what exactly happened," she said.
"At the end of the day a life was lost here, and no sentence will ever be enough to compensate for the loss of Cecil's life, it just won't. And I know you folks know that," Johnson added.
Bosel was up for re-election this year, but her candidacy petitions were invalidated after the county elections board determined she had improperly filled them out. She will leave office on Jan. 1.
tgiambroni@mojonews.com