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Driver in deadly buggy crash pleads guilty

| October 21, 2024

Benjamin Henry, 68, of Port Washington, faces mandatory 2 to 8 years in prison and up to 17 total after pleading guilty to aggravated vehicular homicide and other charges for the Jan. 31st crash on Route 258 that killed a 52-year-old buggy driver. (WJER Radio)

NEW PHILADELPHIA (WJER) (Oct. 21, 2024) – The suspect in the hit-and-run crash near Newcomerstown that killed a buggy driver won’t be going on trial.

Benjamin Henry, 68, of Port Washington has pleaded guilty to aggravated vehicular homicide and other charges for the January 31st crash on State Route 258 where he went left of center, striking the westbound buggy head on. He made the admission earlier today/on Monday when he appeared before Tuscarawas County Common Pleas Court Judge Elizabeth Thomakos for what was supposed to be a hearing on whether to suppress his blood test results.

“[I] will accept the plea of guilty, will be also dismissing the motion to suppress and make a finding of guilt.”

Assistant County Prosecutor Fred Scott has agreed to recommend a 6 to 7 and a half year prison term for Henry, who otherwise faces a mandatory 2 to 8 years behind bars and up to 17 total.  

“Three to 4.5 years for Count 1 – aggravated vehicular homicide – to be served prior to and consecutively with a 36-month prison term on Count 3: failure to stop after an accident, an F3. We would also recommend a 180-day jail sanction on the OVI, which by law would run concurrently.”

Henry is due back in court on December 9th to learn his punishment, which comes with a lifetime driver’s license suspension and will be followed by 18 months to three years of parole. 

The victim was 52-year-old Menno Troyer, whose family was notified but chose not to participate in the court proceedings.

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