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Woman surprises victim’s family



Published: Tue, July 26, 2011 @ 12:07 a.m.

By Jeanne Starmack

starmack@vindy.com

STRUTHERS

A woman who’s charged in the death of a Campbell businessman was expected to plead guilty to vehicular homicide Monday, but instead has asked for a jury trial.

Whitney Yaeger, 20, who police report ran over Dave Muslovski, 55, while he was out for an early-morning walk June 17, 2010, is expected to be on trial in Struthers Municipal Court beginning at 8 a.m. Sept. 29.

Yaeger surprised Muslovski’s family members, who’d gathered Monday afternoon to hear her plea.

“We’re surprised,” said Muslovski’s daughter, Tina Yanssens. “I thought she was getting off easy.”

Yaeger lives near the Muslovskis in Springfield Township. She told state police she didn’t see Muslovski, who often walked for fitness, because she was texting and driving.

Muslovski, who owned Iron City Wood Products in Campbell, was run over around 5:40 a.m. on Middletown Road not far from his home on Unity Road. He died at 12:45 p.m. at St. Elizabeth Health Center.

After Monday’s hearing, Yaeger’s attorney, John Juhasz, declined to comment to the media as he left the courtroom.

Ross Smith, the visiting prosecutor on the case, said Yaeger made her decision after a discussion about potential penalties.

The maximum jail time Yaeger could get is 6 months.

“We asked for 3 to 4 months and five years’ probation so she gets her life on track,” Yanssens said.

“We offer her a challenge, to become what my father was — an asset to the community,” she continued. Yanssens has said Yaeger should help educate people about the dangers of texting and driving.

Yanssens said earlier this year the family was hoping Smith, who replaced Struthers prosecutor Carol Clemente-Wagner on the case after she recused herself, would charge Yaeger with a felony instead of a misdemeanor.

Smith said Monday he investigated that possibility, but concluded she was correctly charged with a misdemeanor.


Comments

1Woodley(26 comments)posted 3 years, 5 months ago

Let me get this straight. This young lady killed another human being with her car while driving and TEXTING and the prosecution decides this was not a felony? Now she pleas not guilty? What is the value of life to the prosecutors in Mahoning County?

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2fattynskinny(195 comments)posted 3 years, 5 months ago

she must be a crack head too...anyone in their right mind would have taken this pathetic deal...

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3DwightK(1304 comments)posted 3 years, 5 months ago

Shouldn't any sort of probation forbid her use of cell phones and the revocation of her drivers license?

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4Wapiti(139 comments)posted 3 years, 5 months ago

She certainly should have been charge with a felony. She didn't care what she did as long as she got her text message sent. And now she won't take any responsibility for what she's done. The little amount of jail time isn't nearly enough. She should be getting 4 or 5 years at the least for killing someone. Instead she gets away with a slap on the wrist. At least there's always a civil suit. She needs to pay one way or another, for a long, long time.

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5cheybaby2(102 comments)posted 3 years, 5 months ago

What a Idiot, Now With a Jury Trail She Might Get a Longer Jail Term. That Sounds Even Better. Idiots And There Cell Phones. DON'T TEXT, DON'T TALK, DRIVE . SAFELY. DAH !

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6stewie(109 comments)posted 3 years, 5 months ago

Please pick me for the jury! please!please ! please!

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7MOLOCH(21 comments)posted 3 years, 5 months ago

Hope this jury is smarter than Anthony's.

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8paulydel(1332 comments)posted 3 years, 5 months ago

She should get several years in jail not months. I hope this jury gives here the maximum allowed. She should have been charged with vehicular manslaughter.

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9disgustedjoker(46 comments)posted 3 years, 5 months ago

I hate to tell you guys but this happens all the time! My brother in law was killed by two young kids when their vehicle went left of center and ran him over... The driver got absolutely NO jail time in Struthers court. As a matter of fact, the murderer is now married and has little kids of his own while he left my nephews fatherless their entire life! No value for human life at all! You go to jail for animal abuse but can kill another human and walk free... Doesnt make sense..

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10WilliamSwinger(341 comments)posted 3 years, 5 months ago

We citizens need to storm the courthouses and centers of power with a blood thirst and hunger for revenge. Smash them all down and hang the rest high to remind them who holds the power. This f-ed up place needs a good cleansing and our tree of liberty needs refreshed with the blood of these tyrants and the patriots that will set us free from them. The local powers need destroyed and rebuilt when an offender gets more jail for telling the judge off than for killing a man in negligence. We need to rise and destroy all these despots.

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11Spri2008(44 comments)posted 3 years, 4 months ago

The prosecution made the right decision. You cannot make something a felony that is not a felony. Texting and driving is not illegal. (although it should be)

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