Monday, May 20, 2013 | 1:43 p.m.
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Updated: 10:32 p.m. Monday, June 25, 2012 | Posted: 10:31 p.m. Monday, June 25, 2012
Staff Writer
The Butler County teen accused of vehicular homicide will not be going to the adult jail next week when he turns 18 years old.
Butler County Juvenile Court Judge Kathleen Romans on Monday ordered house arrest and a GPS monitor — at his family’s expense — for Andrew Hensley. The 17-year-old has been housed in the Juvenile Detention Center since his arrest in May. He will turn 18 on July 7 and will then no longer be eligible to be housed in the juvenile detention system.
He was charged May 14 with vehicular homicide, failure to yield from a stop sign, and driving under suspension in a crash that killed Donald Herbst, 25 of Camden.
Romans told the teen and his tearful mother that one slip up will mean they could both go to jail, her for at least 30 days and him until his case is adjudicated. Because Jodi Hensley is responsible for him, she would be held in contempt of court if he breaks one of the rules.
“If that GPS beeps just one time, those are monitored 24 hours a day, if it goes off, the sheriff is going to be dispatched to your home and you will be placed in the Butler County Jail until this matter is resolved,” she said.
Hensley’s attorney Frank Schiavone said he was glad his client will be able to leave the detention center July 5 and won’t go to the adult jail. He said the incident has been horrible for everyone concerned.
“This wasn’t a situation where this young man was out messing around, he was on his way to school,” he said. “These cases are tragedies... It’s just awful, it’s awful for the family that lost a person and it’s awful for this family that’s having to go through it.”
The victim’s father Randall Herbst had objected to Hensley’s release, but after the hearing said house arrest and monitoring are almost like being locked up so he was fine with it. He said he hopes whatever punishment may be meted out, if he is found or pleads guilty, will include requirements that he share his experience with other youth. All along Herbst has expressed compassion for the boy and his family.
“Forgiveness is really the first step to healing everybody, the family of the defendant and certainly our family...,” he said. “Forgiveness, but with remedial and penal consequences because we all have to have consequences.”
Contact this reporter at (695) 696-4525 or dcallahan@coxohio.com.
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