Family of victim wants criminal charge upgraded in a wrong way ATV crash

The family of a Masury man who was seriously injured in an ATV crash two years ago is furious after an appeals court says the driver who caused the accident should be allowed to drive again much sooner than the judge's sentence.

They say the court wasn't given the entire story and now, they want to see new charges filed.

WFMJ news brought the issue to the prosecutors attention and found out what can be done in our Watch Dog report.

Nicole Costea says growing up, her dad, her hero, Charles Costea worked hard as a crane operator to support his family, and provide the best. After retiring from Sharon Tube she tells us her dad worked out and had a healthy diet. But that all changed due to an irresponsible ATV driver.

Nicole Costea said, "One hundred percent he would still be here with us if this would have not happened to him. He was riding a 900 pound Harley, you know he was in really good shape."

Charles Costea was in great shape until September 22, 2018, after an ATV rider illegally driving on the highway, going the wrong way, slammed into Costea who was heading home on his motorcycle on State Route 82 westbound to the off ramp at US 62.

The head on high speed impact left Costea in a coma for two months, in nursing homes and rehabilitation facilities for 7 months. He struggled from his severe Traumatic Brain Injury and physical injuries. The CDC has found that one out of two or 50% of people who have a serious Traumatic Brain Injury die within five years after the injury.

Nicole Costea emphasized, "After the accident he was a paraplegic, he was confined to a wheel chair, and a hospital bed 24 hours a day, 7 days a week. He had the mentality of a child."

The driver of the ATV, Nathan Delgros, from Sharon PA, is serving a year and a half in prison, convicted of aggravated vehicular assault and failure to stop at the scene of an accident. Judge Ronald Rice cited Delgros's driving record and leaving the scene of a prior accident and suspended Delgros driving license for life.

Delgros who was 42 years old didn't agree with the judge's decision and his attorney filed an appeal. September 21st, 2020 the 11th District Court of Appeals ruled Delgros should be allowed to drive again in just five years based on his conviction for aggravated vehicular assault and leaving the scene of an accident.

But the victims family and friends believe when Costea died August 5th this year, his death certificate should have been flagged and sent to the Trumbull Prosecutors office for a new criminal charge.  The victim's daughter Nicole Costea said, "I miss my dad, he was my best friend."

Ashley Bacich noted the death certificate signed by Dr. William Eddy states Charles Costea died due to Severe Calorie Malnutrition due to Dysphagia due to Traumatic Brain Injury Late Effect. Dysphasia is a chewing and swallowing disorder common after a severe traumatic brain injury that often worsens with time

Bacich a good friend of Nicole said, "It should be aggravated vehicular homicide at this point. He left the scene of an accident, who knows if he was impaired? We wonder if he already received a lesser sentence. I was able to find one other accident where he had an accident, failed to stop or fled the scene, and lied to police about what happened. To me it said even more that he hadn't learned his lesson. Here he is a father in his fourties, with a lot to lose, it spoke to me of the irresponsibility of his actions. He made so many bad choices that night, it wasn't just one but multiple."

Basich added, " Since Nicole's father passed away we want to make sure it is reflected on the court record that he is now deceased We want to get his charges upgraded because to us it's aggravated vehicular homicide. I would like to see the charges upgraded, not because I feel any ill will towards Nathan Delgors, we have laws for a reason and I feel like people should be held accountable."

Basich said, "When we heard his sentence was 18 months in prison we thought wow, what a slap in the face, but we felt like at least he wasn't going to be driving around hurting anybody else on the road, then we saw this and were like wow."

WFMJ news reached out to the prosecutor in the case who say he is willing to look at the medical records, medical history, and if merited he will take the case back before a grand jury. That grand jury would then decide if there is sufficient evidence to charge Delgros with the more serious crime. Under Ohio laws if someone is convicted of aggravated vehicular homicide, a judge can take away their driving privileges for life.