Man who hit two bicyclists, then fled sentenced to 5 years
Monday, November 24, 2008
GREENVILLE — Five years in prison was ordered for a Versailles man who prosecutors said had been "drinking almost all day" before hitting two bicyclists, killing one but not stopping, on June 6, 2007.
Dennis Flory, 45, must complete three years of intense probation following prison release, and will serve another three years in prison if he violates probation conditions, Judge Jonathan Hein said Monday, Nov. 24, in Darke County Common Pleas Court.
Flory was charged in the death of Jesse Peters and injury of Jeremiah Younker, both 21 and of Greenville, as they rode on Ohio 571 around 10:30 p.m.
Troopers from the Ohio Highway Patrol investigated the collision for weeks before locating a passenger in Flory's vehicle.
The passenger will not face charges. Assistant County Prosecutor Phil Hoover said the sleeping passenger woke up when Flory's car hit something, but said Flory claimed it was "a couple of trash cans," Hoover said.
"When the victims were struck on 571, the defendant had been drinking almost all day," he said.
Flory entered an Alford plea of guilty in October to felony aggravated vehicular homicide and aggravated vehicular assault and a misdemeanor of driving while under the influence of alcohol or drugs. The Alford plea means Flory didn't admit guilt but acknowledged that enough evidence existed to convict him.
Prosecutors recommended concurrent sentences of five years.
Hein imposed five years and a life-time license suspension for aggravated vehicular homicide and six months for DUI, to be served at the same time. He ordered the three years of probation for the aggravated vehicular assault.
Peters' mother, Linda Stebbins of Greenville, cried as she told Hein about adopting Jesse, who she said had been abused, when he was almost 4 years old.
"I know Jesse would want some justice here. He needs that, and so do we," she said.
Younker's father, Glenn Younker said the death has left many scars. "He took a good kid's life away from him," he said.
Jeremiah Younker's only comment was his desire to see Flory's license suspended for life.
Contact this reporter at (937) 225-2292 or nbowman@DaytonDailyNews.com.