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LISBON -- Lowell Horst's statement to an Ohio State Highway Patrol trooper will remain part of the evidence against him in an aggravated vehicular homicide case.
"The court finds the defendant's statement to Lieutenant Morrison was voluntary," Columbiana County Common Pleas Court Judge Megan Bickerton wrote in her ruling issued Tuesday.
She denied the motion to suppress filed by defense attorney Michael McGee, who claimed the statements were custodial and violated his client's rights against self-incrimination. Ohio State Highway Patrol Lt. Dan Morrison testified earlier this month that Horst arrived for the interview at the Lisbon post in his own vehicle, left in his own vehicle and was told he was free to leave at any time and was not under arrest.
Horst, 29, Lisbon Road, Canfield, was indicted in April on charges of aggravated vehicular homicide, a third-degree felony, and vehicular assault, a fourth-degree felony, for allegedly causing the death of 81-year-old Mary A. Coss while operating a 2009 Chevy Silverado recklessly. He was also accused of causing serious physical harm to her husband, Leslie R. Coss, 83, who was the driver of their SUV. The accident occurred on state Route 172 near Zepernick Lake on Sept. 23, 2022.
Morrison testified that during the interview on Sept. 28, 2022, five days after the crash, Horst at first admitted to listening to music on his cell phone, then at some point, he indicated he wanted to be honest and said "I was watching sports highlights on my phone."
"He admitted it was a distraction before the crash," Morrison said.
Morrison had been a sergeant at the time of the accident assigned to the Lisbon post, but he's currently a lieutenant at the Warren post. He was first on the scene of the accident.
During the earlier motions hearing, McGee indicated that he planned to file additional motions, including to challenge the search of his client's phone.
An additional motions hearing remains set for 3 p.m. Sept. 25, with a final status hearing at 9:40 a.m. Feb. 12 and a jury trial at 9 a.m. Feb. 20.
The victim who was injured, Leslie Coss, passed away on Jan. 5 this year at the age of 83, according to an obituary posted online.