Widow fights to close loophole for illegal immigrant drivers

Dover widow fights to close loophole for illegal immigrant drivers

Michael O'Mara
Created: 5/16/2008 11:58:07 AM
Updated:5/17/2008 4:41:16 PM

DOVER -- You can get a break under Ohio law if you crash your car and kill somebody--provided you don't have a driver's license. Legal experts say there is a technical loophole in the Ohio Revised Code.

Illegal immigrants who crash and kill are only charged with a misdemeanor and not a felony. Ohio drivers with a valid license would be charged with a felony for the same crime.

Dover resident, John Barr, was driving home from work to his wife, Kelly, and 3-year old daughter last June. Barr's life ended in a violent crash.
His dark purple Ford Taurus was crushed by a dump truck that was forced into him by a car driven by an illegal immigrant from Guatemala.

Juan Usralios had no valid license. Amanda Spies, the Tuscarawas County prosecutor initially charged Usralios with involuntary manslaughter, a felony offense. However, Spies discovered there is no language in the Ohio Revised Code to charge Usralios with a felony because he wasn't driving with a suspended license or any license at all.

Kelly Barr told Channel 3's Mike O'Mara, "I am angry and I am still grieving on a daily basis. So is my daughter. We deal with that every day. I cry every day."

Kelly says she was devastated when she learned that Usralios was only charged with a misdemeanor.
But Amanda Spies told Channel 3 that she had no choice under Ohio law.

"Normally at first glance this looks like a felony offense," said Spies. "And then when you start reading word for word you realize there is a big hole in the law that Mr. Usralios happened to fall into."

Kelly has vowed to help change the Ohio law.
She says she owes it to her daughter, Allison who is now four years old. Her cousin, Kelly S. Barr, is helping with the petition drive.

"We have to do something about this," said Kelly S. Barr. "It breaks my heart to know that Allison will not see her dad."

"Why is this crime only a misdemeanor?" she asked.

John's widow, Kelly, said, "being angry, yelling, crying isn't going to get me somewhere with the law. I need to be as smart as I can. I want our state legislators to do something to fix this."

State Representative Allan Sayre, from Dover has introduced House Bill 512 which would close the loophole.

State representatives, Stephen Dyer from Green, Jennifer Brady from Westlake, Edna Brown from Toledo, Joseph Koziura from Lorain, Lorraine Fende from Willowick, and Mark Okey from Carrollton have all declared their support for the H.B. 512.

Currently House Bill 512 is waiting for review by the Criminal Justice Committee with no timetable for any decision.

Since last summer there have been two more fatal accidents on State Route 250. Both involved illegal immigrants with no license. Both men were only charged with a misdemeanors.
If you want to contact Kelly Barr regarding H.B.512 you can write to: ohb512@yahoo.com


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This is the insanity of the "letter" of the law. There certainly needs to be something relating to the "spirit" of the law and what it was intended for. The sickness of loopholes, like this, that lawyers look for and exploit. If the "spirit" of the law were followed, it would mean justice would be done. This INSANE loophole is embarrassing to a civil society and they should just charge him and say the H*LL with it, we are going to do what is right!

The outrageousness of people getting away with murder because so "t" wasn't crossed or an "i" dotted is beyond reason and immoral.

Quote:

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Originally Posted by gofer

This is the insanity of the "letter" of the law. There certainly needs to be something relating to the "spirit" of the law and what it was intended for. The sickness of loopholes, like this, that lawyers look for and exploit. If the "spirit" of the law were followed, it would mean justice would be done. This INSANE loophole is embarrassing to a civil society and they should just charge him and say the HELL with it, we are going to do what is right!

The outrageousness of people getting away with murder because so "t" wasn't crossed or an "i" dotted is beyond reason and immoral.

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I couldn't agree more . Well said

Quote:

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"Why is this crime only a misdemeanor?" she asked.

John's widow, Kelly, said, "being angry, yelling, crying isn't going to get me somewhere with the law. I need to be as smart as I can. I want our state legislators to do something to fix this."

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Go Kelly! May God be with you! What a sad story, but what a brave strong woman!

Illegal aliens get a break on all our laws. They commit felonies by using false documents or stealing someone's identity, and they get away with it. You don't if you're an American. This pandering to illegals has gone way beyond reason.