Conviction on lesser charges means months in jail not years in prison for truck driver in Tusky Valley bus crash
NEWARK – The truck driver who caused the November 2023 crash that killed six people, including three Tusky Valley band members and three chaperones accompanying them on a trip, has avoided prison time and a felony conviction.
Licking County Judge David Branstool on Friday ruled 61-year-old Jacob McDonald not guilty on the 26 original 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, prosecutor Clifford Murphy 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. Murphy argued McDonald drove recklessly. While McDonald’s phone was destroyed in the crash, Murphy claimed cellular data showed McDonald’s phone was receiving 38 megabytes of data per minute, consistent with a phone streaming high-definition video.
The judge was not compelled by the prosecution’s evidence, instead agreeing with the defense who said the cellular data did not prove McDonald was on his phone.
“I find that Mr. McDonald is criminally responsible for this accident, this collision. However, I find that the state has failed to establish beyond a reasonable doubt the element of recklessness,” Branstool said.
McDonald had been in jail since his arrest in 2024. The judge revoked his bond.
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, and that’s the sentence he is anticipating. With credit for 10 months time served, McDonald would be in jail for about eight more months.