Kevin Jay Wakefield, 62, was fatally struck Dec. 14, 2021, in the Oakwood Village manufactured home community where both men lived.
“Traffic deaths are always tragic, regardless of how they occur,” Tracey’s defense attorney Brock Schoenlein, said previously. “But the evidence in this matter was simply insufficient to make a felony homicide. This case is a good example of how the criminal system works very well when prosecutors and defense attorneys both have an opportunity to fully dissect the evidence.”
Tracey was driving a Ford F-150 south on Crimson when he hit Wakefield who was on the sidewalk near his home. The pickup truck continued into a driveway before stopping, throwing Wakefield into the skirting of his home in the 11000 block of Crimson, according to a Miami Twp. Police Department crash report.
Medics took Wakefield to Kettering Health, where he died.
Tracey allegedly had marijuana, amphetamine and methamphetamine in his system, according to the crash report.
Schoenlein said the crash occurred when Tracey momentarily lost consciousness.
“During litigation we were able to focus on the issues more closely,” Schoenlein said. “When questioning the police, I was able to draw out that Tracey did not exhibit traditional signs of impairment.”
Also, Schoenlein said Tracey was taking cold medicine for COVID-19 symptoms and said the medication could have affected lab results.
As part of Tracey’s plea, two other OVI charges were dismissed.
In addition to up to five years of community control sanctions, Tracey was ordered to pay more than $3,100 restitution and was fined $375.
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