Driver in Ashland County buggy crash charged with aggravated vehicular assault

SULLIVAN TOWNSHIP - A West Salem man has been charged with a felony count of aggravated vehicular assault in connection with an Amish buggy crash that injured seven people, the Ashland County prosecutor announced Wednesday.

The complaint charging Patrick A. Muscaro, 47, with the third-degree felony in relation to the Oct. 14 crash was filed in the Ashland County Court of Common Pleas, Ashland County Prosecutor Chris Tunnell said in a press release Wednesday.

Attorney Brett Murner, who's representing Muscaro, entered a not guilty plea on Muscaro's behalf during a video bond hearing Wednesday afternoon before Magistrate Paul Lange.

According to the press release from the prosecutor's office, Muscaro was operating a motor vehicle while intoxicated and caused serious injury to three people in a horse-drawn buggy "as a proximate result of his impaired driving."

Those seriously injured include Andy Swartzentruber, 31, of Sullivan and two of his children, ages 2 and 7. 

According to the prosecutor's office, both children were transported via medical helicopter from the scene to Akron Children's Hospital, and Swartzentruber was taken to University Hospitals Samaritan Medical Center in Ashland before being transferred to Akron General Hospital.

A spokesperson at Akron Hospital General said Thursday afternoon Swartzentruber had been discharged.

"We are keeping the Swartzentruber family in our thoughts and prayers. Going forward, my office will review additional charges as the prognosis of each victim and the full width and breadth of the facts underlying this tragic incident become clear," Tunnell said in the press release. "We felt that a single felony count at this time would secure a sufficient bond for this defendant to protect the public in the short term."

More:Seven people injured in Ashland County buggy crash

According to the prosecutor's office, Muscaro is accused of driving his 2002 Ford Taurus into the rear of the buggy as both were traveling east on U.S. 224. The Ohio Highway Patrol reported the crash happened at 7:39 p.m. Oct. 14 on U.S. 224 near County Road 581 in Ashland County. 

The patrol reported the buggy occupants were Swartzentruber, his wife and their five children, with all seven ejected from the buggy with various degrees of injuries.

The other four occupants in the buggy weren't seriously injured and were cleared at the scene or after being transported to University Hospitals Samaritan Medical Center, according to the prosecutor's office.

The patrol reported Muscaro wasn't injured in the crash.

The prosecutor reported Muscaro refused both roadside and chemical testing. Ashland Municipal Court Judge John L. Good authorized a search warrant for a blood draw. The results are pending with the Ohio Highway Patrol's crime laboratory.

According to Ashland County Jail records, Muscaro also was charged with a count of operating a vehicle while under the influence of alcohol.

During Wednesday's video bond hearing, Ashland County assistant prosecuting attorney Victor Perez requested a cash bond of $100,000, with terms including a limited curfew, GPS monitoring, no alcohol consumption and no driving of any vehicles.

Perez said Muscaro has a "long history" of OVIs, including one in 2014 in Ashland County, one in 2007 in Oberlin, one in 2006 in Florida, two in 1994 in Norwalk and one in 1992 in Norwalk.

Murner said Muscaro has "deep ties to the community," with no history of not appearing for court. He said Muscaro is also employed as a union carpenter and usually works for Kokosing.

Murner also said Muscaro is not on probation from any of his previous convictions. He said he agreed with the terms of GPS monitoring and no alcohol consumption but called the bond amount "punitive."

Lange set two bonds in the case: a personal recognizance bond and a $100,000 bond, which he said can be posted with a cash posting, surety bond or real estate posting.

Lange told Muscaro if he posts bond, he can't leave Ohio while the case is pending, and he can't use or possess any alcohol or drugs. He's also subject to random drug and alcohol testing at his own expense, and he can't drive any vehicles. He'll be on GPS monitoring, with a curfew requiring him to be in his residence between 9 p.m. and 6 a.m.

The Ashland post of the Ohio Highway Patrol is continuing to investigate the case. Tunnell also will review the case further and plans to present it to an Ashland County grand jury "when appropriate," according to the press release. A grand jury review could result in additional charges.

Muscaro waived his preliminary hearing during Wednesday's video bond hearing. The case was bound over to the Ashland County grand jury for consideration, Lange said. Perez said the case will likely be presented to a grand jury the second week of November.

The next scheduled court appearance is at 3:30 p.m. Nov. 9 in the Ashland County Court of Common Pleas.

The press release states Muscaro is presumed innocent until proven guilty.

"It is the duty of the prosecuting attorney to serve justice for the victims, their families and the community while preserving the rights of the accused in a fair and just manner," the press release states.

ejmills@mansfieldnewsjournal.com

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Twitter: @EmilyMills818