Driver in fatal crash indicted

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Gavel

By Carol McIntire

Editor

An East Rochester man at fault in a deadly March 20 crash was indicted last week on felony vehicular manslaughter charges. 

Dakota A. Kincaid, 26, of Lippincott Rd., East Rochester was indicted by a Carroll County grand jury Sept. 4 in connection with the crash that caused the death of a Patrick Snow of Malvern.  The wreck occurred on Andora Rd. (CR10) in Augusta Twp. at 7:05 p.m.

Kincaid was indicted on two counts of Aggravated Vehicular Homicide, one a first-degree felony, and the other a second-degree felony, Reckless Homicide, two counts of Driving Under the Influence of Alcohol or Drugs (DUI), Driving Under Suspension and Driving Under OVI Suspension. 

According to Sergeant Clinton D. Armstrong of the New Philadelphia Post of the Ohio State Highway Patrol (OSP), the agency that investigated the crash, Kincaid was driving a 2010 Ford Escape northbound on Andora Rd. The Escape traveled left of center and struck a 2020 Chrysler Voyager driven by Snow, which was traveling south. The Escape went off the right side of the roadway, struck a tree and overturned. The Voyager went off the right side of the road and came to rest. 

The Escape was titled to Fred Bugay of Minerva.

The indictment noted Kincaid was driving at a high rate of speed and his blood-alcohol level was .239.

Armstrong said Snow was wearing a seat belt, Kincaid was not. 

Just one week before the fatal accident, Kincaid accepted a plea bargain (March 14) on a Nov. 1, 2023, indictment for (DUI) and Refusal to Submit to Test.

The DUI charge was amended to Having Physical Control of a Vehicle While Under the Influence, to which Kincaid entered a guilty plea. He was released on a one-year probation after all but 19 days of a 180-day jail sentence was suspended. He was given credit for previously serving 19 days in jail. 

Following the fatal crash, on April 1, Kincaid was charged with a probation violation and, during a June 13 merits hearing, found in violation of his probation and ordered to serve 180 days in the county jail (with credit for 90 days served). He began that sentence June 14.

He was scheduled to be released from jail Sept. 2.

OSP filed a charge of Aggravated Vehicular Homicide against Kincaid in Municipal Court Aug. 30. During an arraignment hearing Sept. 3, bond was set at $500,000 cash or surety by Judge Gary L. Willen.

During a Sept. 5 arraignment hearing in Common Pleas Court before Judge Michael V. Repella, II, on the most recent indictment, Kincaid entered a not guilty plea. Bond was continued at $500,000 cash or surety and he remains in the county jail. 

In light of the indictment, the charge in Municipal Court is expected to be dismissed.

Kincaid had three prior convictions for DUI, all in municipal court, over the last eight years. His interactions with the court system date back to 2015 when he was charged in Municipal Court with Underage Consumption and Open Container. On that charge, he was sentenced to 180 days in jail with 170 suspended and credit for three days served. 

Kincaid returned to Municipal Court in November 2018, charged with Possession of Drugs and Drug Paraphernalia Offenses. Due to Kincaid’s successful completion of the Diversion Program, the charges were dropped. 

His first conviction for DUI came in February 2016. His sentence was suspended on condition he complete Quest treatment. A charge for Failure to Comply with the Signal or Order of a Police Officer was dismissed as was a charge for Failure to Obey a Traffic Light. On Nov. 3, 2018, Kincaid was charged with Driving Under the Influence and sentenced in January 2019 to 180 days in jail with 120 days suspended and credit for 34 days served. His driver’s license was suspended for two years. Ten months after the sentencing (October 2019), he was again sentenced in Municipal Court on a DUI charge to 90 days in jail. The jail sentence was suspended and he was placed on a two-year probation and ordered not to own a vehicle during his probation. 

In January 2022, he was charged with Disorderly Conduct and in 2023 with Assault. In both cases, he was sentenced to jail and the sentence was suspended. 

His next court appearance is scheduled Sept. 26 at 10 a.m. before Judge Repella.

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