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LISBON -- A judge agreed Monday to continue next week's jury trial in an aggravated vehicular homicide case over a 2022 traffic crash until 9 a.m. March 5 due to the unavailability of a witness for the prosecution.
Columbiana County Common Pleas Court Judge Megan Bickerton granted a verbal motion by county Assistant Prosecutor Steve Yacovone to continue the trial that had been set for Feb. 20 in the case against Lowell Horst, 29, Lisbon Road, Canfield.
Yacovone had just learned that morning that a main witness was going to be on vacation.
Horst's defense attorney, Michael McGee, initially objected, saying "We're prepared for trial and we're ready to go next week," but then later changed his response and said there was no objection to the continuance, after briefly speaking with his client, along with fellow defense attorney James LaPolla, out of the courtroom.
Horst was indicted last 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.
A motion to suppress a statement by an Ohio State Highway Patrol trooper as evidence in the case was denied last August. Ohio State Highway Patrol Lt. Dan Morrison had testified during a motions hearing last summer that Horst admitted to watching sports highlights on his phone when the accident occurred.
An additional motions hearing that had been set in September was cancelled since no additional motions had been filed at the time.
The victim who was injured, Leslie Coss, passed away on Jan. 5, 2023 at the age of 83, according to an obituary posted online. The charge related to Leslie Coss remains vehicular assault.
Also pending against Horst is a wrongful death civil lawsuit filed by Sharon Lendon, daughter of the late Leslie and Mary Coss and administrator of their estates. The case was originally filed in Stark County Common Pleas Court, but a motion to transfer the case to Columbiana County Common Pleas Court was granted and the case was transferred in December. The case names Horst as a defendant, along with his employer Weaver Steel Construction LLC, state Route 558, Leetonia, and State Farm Mutual Automobile Insurance Company, Bloomington, Ill. The lawsuit accuses Horst of actions that allegedly led to the deaths of both Leslie and Mary Coss.
mgreier@mojonews.com