The truck driver who caused the November 2023 crash that killed six people, including three Tusky Valley band members, has avoided prison time and a felony conviction.
Licking County Judge David Branstool on Friday ruled 61-year-old Jacob McDonald not guilty on 26 counts, including six felony counts of aggravated vehicular homicide. Instead, Branstool found McDonald guilty on six counts of the lesser charge of vehicular homicide, a first-degree misdemeanor.
Defense attorney Chris Brigdon said that is punishable by a maximum of 18 months in local jail. He said the original charges carried a maximum sentence of 31 years in prison. There were 20 other counts for felony vehicular assault and misdemeanor assault that the judge ruled there was insufficient evidence for a conviction.
During last week’s three-day trial, the prosecutor tried to prove McDonald was using his cell phone prior to slamming into a vehicle carrying Tusky Valley band chaperones and a charter bus carrying band members that had slowed due to traffic. Prosecutor Clifford Murphy argued McDonald drove recklessly. Judge Branstool said the evidence showed negligence but didn’t prove recklessness. McDonald’s phone was destroyed in the fiery crash, and the judge was not compelled by the prosecution’s evidence.
McDonald had been in jail since his arrest in 2024. The judge revoked his bond, setting him free. Crying could be heard in the courtroom when Branstool issued his verdict and a few people left in tears. Branstool will sentence McDonald at a later date. Each count of vehicular homicide carries a maximum sentence of 6 months. However, McDonald’s attorney says there is an 18- month cap on a misdemeanor jail sentence. With credit for 10 months served, McDonald would be in jail for about eight more months.
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