In September, a 14-year-old boy lost his life after falling from the outside of a church van in Canton, Ohio. Rushon T. Patterson II, the volunteer pastor who was driving the van that night, was subsequently tried and convicted of involuntary manslaughter and a minor misdemeanor traffic violation related to allowing passengers to ride on the outside of a vehicle. His family then hired Patituce & Associates to represent him on appeal.

Uncovering a Serious Legal Defect in the Indictment

Upon reviewing the case, Attorney Joseph Patituce and his team identified a defect in the indictment. The judge’s staff reportedly also noticed the error and was deliberating how to approach it. As Mr. Patituce explained, the firm noticed an error that had gone undetected through the original proceedings. Under Ohio law, involuntary manslaughter cannot be predicated on a minor misdemeanor traffic violation, as had been done under the existing indictment.

At Patterson's May 20 sentencing, Stark County Common Pleas Judge Natalie R. Haupt dismissed the involuntary manslaughter charge on those grounds. Patterson was ordered to pay the maximum $150 fine for the traffic offense, but he will not face any penalties associated with the involuntary manslaughter conviction that was overturned.

As Joseph Patituce said following the sentencing, “It's a horrible situation all around. Mr. Patterson feels nothing but regret and remorse for the death of somebody he cared for, and as far as the legal system goes, the judge put a lot of thought and effort into her ruling, and she made the correct ruling today.”

(You can learn more about this important case update by clicking here and reading a full article from AOL.)

If you are facing criminal charges in Ohio and need experienced legal counsel, we encourage you to reach out to our team for a confidential consultation. Call (440) 771-1175 at any time to begin