Toledo man enters plea for driving nearly 100 mph, causing injury crash

Prosecutors say the man was under the influence of alcohol and marijuana at the time of the accident, which left his friend severely injured. 

By Allison Dunn / The Blade
Thu, 23 Jan 2020 14:10:49 GMT

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A South Toledo man floored the accelerator to reach speeds of nearly 100 mph just seconds before striking a tree on Glendale Avenue, before fleeing the scene and leaving his friend near death on the payment.

That description of the car crash that nearly killed Ryan Benham, 26, was offered by assistant county prosecutor William Dailey during a court hearing Wednesday as the driver of the car, Austin Kekes, 25, pleaded no contest to aggravated vehicular assault.

Kekes, of the 1400 block of Abott Avenue, and Mr. Benham spent the evening of May 8 drinking at Doc Watson’s bar, 1515 S. Byrne Road, Mr. Dailey said. Kekes ordered his first beverage just after 9:45 p.m. that night and drank heavily for the next three hours, with eight shots and three cans of beer.

While under the influence of alcohol and marijuana, Kekes got into the driver’s seat of a vehicle. Mr. Benham got in as a passenger, according to prosecutors. 

In the early morning hours of May 9, Kekes zoomed down Glendale Avenue, reaching speeds of 99.3 mph only five seconds prior to the crash, Mr. Dailey said. The brakes were applied three seconds before the crash. 

The vehicle struck a curb and two trees before it completely split in half. 

The crash ejected Mr. Benham from the vehicle and threw him across the pavement, while Kekes stood up from the wreckage and fled on foot, Mr. Dailey said. 

A security camera at Glendale Avenue near Oak Hill Court caught the crash on video. 

“Miraculously, [Mr. Benham] survived. A nurse happened to be driving by and performed quite extraordinary life-saving measures,” Mr. Dailey said. “He was taken to the Medical College of Ohio and he has made a partial recovery. To this day, Mr. Benham still cannot talk normally, walk, and he has a very low quality of life because of all of this.” 

Kekes faces a mandatory prison sentence of between 12 and 60 months for the third-degree felony. He also faces a driver’s license suspension of between 2 and 10 years.  

Fourth-degree felony charges of vehicular assault and failure to stop after an accident will be dismissed at sentencing. Judge Gary Cook will sentence Kekes on Feb. 19. 

Prosecutors will remain silent at sentencing and not provide a term recommendation, Mr. Dailey said. Neither the victim nor a victim’s representative was present on Wednesday, but they will be permitted to make a statement or provide a letter to the judge for sentencing recommendations.  

Police found Kekes’ driver’s license under the driver’s seat — which provided his identifying information, according to court records. Toledo police found Kekes at his residence, which at the time was in the 2800 block of Glendale Avenue.

Kekes had minor injuries and smelled of alcohol, police reported. He also had glassy, blood-shot eyes and was unsteady on his feet. He refused to cooperate with the investigation, according to court records. 

When Kekes’ blood alcohol content was tested hours after the crash, it was 0.133 percent — more than 1½ times over the legal limit. Marijuana was also in his system, the prosecutor said. 

Agents with the Toledo District of the Ohio Investigative Unit were asked by Toledo police to trace the source of alcohol believed to have consumed by Kekes. After the investigation, agents issued two administrative violations against Doc Watson’s liquor permit for furnishing beer or intoxicating liquor to an intoxicating person, and the sale of beer or intoxicating liquor to an intoxicated person, according agent Shawn Tatter. 

Criminal charges are pending against the Doc Watson’s bartender, Mr. Tatter told The Blade on Thursday. 

Kekes’ eyes were red from crying after entering his plea and members of his family left the courtroom arm-in-arm with him. 

He has been out on a supervised recognizance bond with a breathalyzer, alcohol-monitoring unit. He has also been ordered not to drive. 

"This was a terrible tragedy for everyone involved, and my client could not be more remorseful," said defense attorney Stephen Hartman.

A manager who answered the phone at Doc Watson’s Thursday decline comment.

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