FAIRFIELD — The driver of a car that struck a St. Xavier student who later died of the injuries was found not guilty of a vehicular manslaughter charge Thursday, March 18.
Fairfield Municipal Court visiting Judge Jack Rosen determined there was reasonable doubt that Kevin Le, a 16-year-old junior, was within a crosswalk on Ohio 4 as he attempted to crossed and was struck by a vehicle driven by Portia Hudson, 58, of Hamilton, near Boymel Drive on Sept. 8.
Mark Krumbein, Hudson’s attorney, said some witnesses saw Le “dart out” into the street and “ran into the car” from a grassy area, not a designated crosswalk.
“There was reliable evidence of him not being in the crosswalk,” Krumbein said, adding some witnesses did testify he was in the crosswalk.
Hudson was found guilty, however, of running a red light and fined $75. Her driver’s license was suspended for 90 days.
Krumbein said there was physical evidence, such as debris from the vehicle, to indicate Le was not in a designated crosswalk. The prosecution testified that the lack of debris in the crosswalk was due to the velocity of Hudson’s vehicle, but Krumbein said there was no type of “scuff” marks within the crosswalk’s boarders.
Le was in a coma in the days after the accident and died Sept. 17 at University Hospital in Cincinnati. He had sustained severe injuries to his head, limbs and vital organs, according to St. Xavier representatives.
In addition to being a St. Xavier student, Le was also a student at Moler-Pickens Beauty Academy on Boymel Drive. He was on break from classes when he attempted to cross the street.
Hudson was a 2007 YWCA Outstanding Women of Achievement Award recipient, former YWCA board member and chair of the May Morning Breakfast. She has also worked for Butler County Head Start for more than 30 years.
Hudson also was active with Clean-Up Hamilton, the Booker T. Washington Community Center and Open Door Food Pantry.
Krumbein said when Rosen gave his decision, the court room was quiet. Hudson had about 30 supporters in the courtroom.
“Everyone stayed quiet,” Krumbein said. “The sad thing is, whether she was found guilty or not, someone lost their life. It’s one of the saddest things I’ve been involved with.”
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