Driver In Friday’s Buggy Accident Had Two Prior OWI Convictions
Driver In Friday’s Buggy Accident Had Two Prior OWI Convictions
Posted
Jackie Gorski-
Driver In Friday’s Buggy Accident Had Two Prior OWI ConvictionsThe Akron man who left the scene of an accident Friday involving a buggy had two prior convictions of operating a motor vehicle while intoxicated.
Kevin Alan Swihart, 30, of 602 E. Water St., Akron, is charged with failure to stop after an accident resulting in injury, a Level 3 felony; and causing bodily injury while operating a vehicle, a Level 5 felony.
He was booked into the Kosciusko County Jail at 8:15 p.m. Friday on a preliminary bond of $5,250.
According to the probable cause affidavit filed Monday, at 4:23 p.m. Friday, Kosciusko County Sheriff’s Office deputies were dispatched to a personal injury crash between a vehicle and a horse-drawn buggy on Ind. 19. The Kosciusko County Communications Center reported the truck struck the buggy and failed to stop at the scene of the crash and continued south on Ind. 19.
Upon arrival at the scene, deputies observed a heavily damaged buggy and a man lying on the ground with his arms around a girl who was semi-responsive and had wounds from the crash, court documents state. Nappanee EMS arrived on scene and began administrating medical treatment to the man and girl.
A passerby stopped to assist and told deputies she observed a black Toyota- or Nissan-type truck nearly strike her at Ind. 19 and West CR 1350. The passerby said the truck was all over the road and weaving in and out of traffic. The passerby said she came upon the accident behind the truck and didn’t see the crash, but saw people rushing to the west side of the road, and she got out to help. She said she looked into the ditch and saw a demolished buggy with the horse still attached and two injured people.
The operator of the buggy was identified as Wayne Hochstetler, who had abrasions and lacerations and was treated at the scene. The other occupant suffered significant bruising to the neck and was semi-conscious at the scene and was airlifted from the scene and is in stable condition at a Fort Wayne hospital, according to court documents.
At 4:43 p.m. Friday, dispatch received a call of a heavily damaged black Nissan pickup truck that was driving recklessly south on Ind. 19. At 4:45 p.m., dispatch was called to report a black truck with heavy front damage went south across U.S. 30 on CR 800W. At 5:36 p.m., dispatch received a report that a black pickup truck drove through someone’s yard, hit a NIPSCO marker and kept going. At 5:21 p.m. Fulton County Dispatch said their officers had the black pickup with heavy front-end damage stopped at Ind. 14 and CR 650E in Fulton County. The driver of the black Nissan pickup truck was identified as Swihart.
During the investigation, deputies spoke with Swihart. After waiving his Miranda rights, he said he got off work that day and went to a bar in Nappanee, where he had one beer. Swihart said after that, he drove home but didn’t recall hitting anything. While speaking to Swihart, deputies detected an odor of alcohol coming from Swihart. Swihart also had red, watery eyes and slurred speech, according to court documents.
Deputies offered Swihart a field sobriety tests and Swihart failed each of them, according to court documents. He submitted to a sample on a portable breath test, which gave a presumptive result of a blood alcohol content level of 0.153. Swihart was advised of Indiana Implied Consent and agreed to take a chemical test. Deputies transported Swihart to Kosciusko Community Hospital where his blood was collected for testing before being transported to KCJ.
On Saturday, deputies again advised Swihart of his Miranda rights. He agreed to speak with deputies. He said he got off work Friday and went to lunch, where he had three beers and a shot of alcohol. Swihart said he remembers leaving the bar/restaurant and getting in his truck, but does not remember striking anything. He said he had recently hit a deer prior to Friday. When shown the damage to his truck, Swihart said that was not the damage caused by the deer, and he became upset and allegedly apologized for what he had done, according to court documents.
Swihart has a prior conviction for operating a vehicle with an alcohol concentration of 0.08% or greater, a Class C misdemeanor in Wabash Superior Court I with a conviction on Aug. 21. He also has a prior conviction of operating a vehicle with an alcohol concentration of at least 15% with a prior conviction within five years, a Class D felony in the Fulton Superior Court I with a conviction on Sept. 30, 2014.
