Driver accused in jogger’s death pleads not guilty

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Staff photo Ty Greenlees Michelle Hale was struck and killed on Dayton-Xenia Road near Stedman Lane early on Monday, Aug. 24, 2009.

Timothy C. Peters is charged in the death of Michelle Hale, who was struck while jogging.

By Jeremy P. Kelley, Staff Writer Updated 11:38 PM Monday, September 28, 2009

BEAVERCREEK — Brian Hale, whose wife, Michelle, was struck and killed Aug. 24 while jogging, said he felt torn Monday by the news that police had charged the driver with vehicular homicide and vehicular manslaughter.

Timothy C. Peters of Beavercreek pleaded not guilty Monday, Sept. 28, to the charges. A conviction for vehicular homicide, the more serious offense, would draw a sentence of up to 180 days in jail, plus a one- to five-year driver’s license suspension.

“It’s mixed emotions, I guess,” Hale said. “I don’t know Mr. Peters, but he has to live with this for the rest of his life ... just as we have to live without Michelle for the rest of ours.”

Both charges are misdemeanors. Beavercreek Sgt. Jim Wuebben said there were no aggravating circumstances, such as intoxication, that would raise the charges to felony level under Ohio law.

Michelle Hale, 44, of Beavercreek, was crossing Dayton-Xenia Road at Stedman Lane at 6:25 a.m.when she was struck by Peters’ westbound SUV, according to police.

There is no traffic signal or marked crosswalk at that intersection, which is under construction.

The incident report from Beavercreek police says Hale was three-fourths of the way across Dayton-Xenia, standing in a “striped-off, no-driving area” separating the through-traffic lane from a right turn lane.

Peters is accused of drifting into the striped area and hitting Hale there. The incident report quotes Peters as saying Hale was in his lane, but that “I did not see her at all until it was too late.”

Brian Hale, who was jogging nearby on Stedman, said he saw his wife’s flashing LED-light bracelet from more than a block away just seconds before the crash.

Steve Pierson, Peters’ defense attorney, said he has not done an independent analysis of the incident report.

A pretrial conference is scheduled for Nov. 23.

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