Family of Berlin Center accident victim outraged by sentencing d - News weather sports for Youngstown-Warren Ohio


Family of Berlin Center accident victim outraged by sentencing delay

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Judy Dailey Judy Dailey

The man who pleaded guilty to hitting and killing a woman in the parking lot of the Southern Park Mall was supposed to be sentenced on Wednesday morning.

Instead, the victim's loved ones were outraged when they learned the sentencing was rescheduled with no explanation.

One of victim Judy Dailey's sons had flown up from Florida for the sentencing, others had taken off from work.  And still, others say they learned that defendant, Matthew Wilson, was allowed to leave the courthouse 45 minutes before they were even alerted about Judge John Durkin's decision to reschedule the sentencing because he needed more information about the case.

The victim's family packed the courtroom, a silent show of support to demand justice.

Several told 21 News they were prepared to give victim impact statements before Wilson's sentencing.

Dailey was hit and killed by Matthew Wilson last November.  Police confirmed Wilson had a seizure and admitted that he stopped taking medication that would have controlled those seizures.

Just hours before hitting and killing Judy Dailey, Wilson was in another courtroom for an OVI.

But today after waiting more than an hour for court to begin, those in the gallery were told the sentencing would be rescheduled.

John Karash is a long time family friend who angered by the judge's decision to reset the sentencing. "I think it's a bunch of BS.  They didn't expect to see people here.  They expected an empty courtroom.  I just think the system needs a lot of improvement.  People pay dearly for other things, and then you get something serious like this and people get a slap on the hands and goes their own way. I'm not very happy."

The victim's daughter, Kimberly Harvey, told 21 News, "I believe the decision was politically motivated.  This case comes too close to the Dr. Yurich verdict for which I believe Judge Durkin may have received some backlash.  I think he may be afraid to make a decision in this case."

21 News reached out to Judge Durkin for a comment and he said that he can not comment on a pending case.

The sentencing of Matthew Wilson on the vehicular homicide charge is now reset for September 12th at 11:00 am on what would have been the victim's 47th wedding anniversary.

Her family is working with Senator Joe Schiavoni to find a way to toughen the laws so that others who may be prone to seizures don't become a deadly danger behind the wheel.

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