Todd Shaw is led into court for his sentencing in Common Pleas Court Thursday, July 10.
Todd Shaw is led into court for his sentencing in Common Pleas Court Thursday, July 10.

By Kristin Rover
Sun staff

 

Todd Shaw, the man who pleaded guilty to hitting and killing a cyclist on Round Bottom Road in Union Township Feb. 21, was sentenced to 9.5 years in prison July 10.

Shaw was sentencd by Judge Jerry McBride in a courtroom filled with family members and friends of both Shaw, and the late Frederick Carey.

Some individuals were crying, and some remained serious as the judge heard from defense attorney William Rapp and Clermont County Prosecutor Vince Faris.

Rapp said Shaw pleaded guilty to the charges against him, including aggravated vehicular homicide, failure to stop after an accident, tampering with evidence and driving under the influence, because he accepts responsibility for his actions.

“He did not want a trial and the family to have to re-live it,” Rapp said.

Rapp said Shaw admitted that he was driving recklessly at the time of the accident and has expressed remorse for what happened.

“By drinking seven drinks, four beers and three shots, that contributed to the recklessness,” Rapp said.

Rapp pointed out to the judge where the crash occurred.

“I ask that you consider this accident occurred on a dangerous portion of Round Bottom Road, four minutes after sundown,” Rapp said.

Rapp said Carey was dressed in dark clothing but did have the proper reflective equipment on his bike.

“Mr. Shaw indicated that he did see the bicyclist,” Rapp said.

Rapp said Shaw did leave the scene of the accident but he does not believe Shaw tampered with evidence after leaving the scene.

“He simply fled the scene,” Rapp said. “It was a coward act.”

Rapp said afterward Shaw drove to his mother’s home.

“There was not an attempt to make any changes to the vehicle post accident,” Rapp said. “I am asking that you run the fleeing the scene and tampering together.”

During the hearing, Rapp also introduced witnesses Stacey and Joseph Grant to speak about Shaw.

“I have known Todd for about 10 years,” Stacey Grant said. “I hired him to help with my house in Anderson Township. He has been a friend and an advisor.”

Stacey Grant said her family has gotten to know Shaw, and they trust him. Her husband, Joseph, another witness, echoed her comments.

“He is very generous with his time and helping others,” Joseph Grant said. “He is a very caring and decent person. In no way a callous person.”

Shaw also spoke to the judge and apologized for his actions.

“I would just like to apologize to the family and friends of Mr. Carey,” Shaw said. “I am sure Mr. Carey was a great person, and because of my actions, he is no longer with us. I hope one day you can find it in your heart to forgive me.”

Clermont County Prosecutor Vince Faris outlined the sequence of events and presented information that the prosecution found.

Faris said the day of the crash, Shaw first began drinking at a pub in Newtown, where an employee there said he consumed either one pitcher and three glasses of beer or two pitchers of beer.

Faris said Shaw left the pub around 2-2:30 p.m. and then went to Ethel’s Tavern, another bar in Newtown.

“What happened is all on video,” Faris said. “There is no doubt as to what occurred.”

Faris said Shaw consumed four beers and three Jim Beam and coke drinks.

“When leaving the tavern he purchases a six pack of Budweiser,” Faris said.

Faris said Shaw opened on and placed it in his coat pocket. Faris said Shaw struck Mr. Carey minutes later.

“It was a few minutes past sundown, but this is not a situation where it was dark out,” Faris said.

Faris said witnesses at the scene said that it was not dark yet and cars traveling in the area did not have their headlights on at the time.

“A witness stated that she still had her sunglasses on,” Faris said.

Faris said in Shaw’s statement, he said he saw the cyclist.

“He actually saw the cyclist down the road,” Faris said. “Then after seeing him, he looked down to check messages on his phone.”

Faris said Shaw fled the scene and did not turn himself in before police found him early the next morning.

Faris also talked about Shaw’s prior charges relating to driving under the influence.

“He has a pattern of alcohol abuse,” Faris said.

Faris said everything points toward the maximum and consecutive sentence for Shaw.

“There is not even a hint of fault on the victim’s act of riding his bicycle,” Faris said.

Faris also introduced Carey’s parents, Anna and Gibson Carey, and his wife, Deborah Floyd, to speak as witnesses.

“How does one quantify what it means to lose a man like Fred Carey because of a man like Todd Shaw,” Floyd said.

Floyd said she and her husband had been married just four months before he was killed.

“Four months later, on the first truly beautiful spring day in February, he went on a bike ride to check on his parents,” she said.

Carey’s parents said he often biked to and from their farm to help them take care of things.

“He put on his helmet and headed home before it got dark but he never made it home because another man spent his day drinking,” Floyd said.

Floyd said Shaw’s actions took away the rock in their family.

“The most tragic truth about his death, is nothing will bring Fred back,” she said.

Judge McBride discussed the charges against Shaw before imposing a sentence.

He said he has to look at the seriousness of the charges and how they will affect Shaw and the public.

“These cases are always very tough because they always involve a lot of harm,” McBride said. “The victim, Mr. Carey, obviously leaves a family who loved him, a school where children loved him. These types of things are devastating.”

McBride said that what makes the situation more serious is the alcohol use and the fact that Shaw left the scene.

“He admits that he was under the influence,” McBride said. “He admitted that he saw Mr. Carey. Rather than keeping his eye focused, he pulls out his phone.”

McBride said he feels Shaw is remorseful for his actions, but that is only one factor.

McBride sentenced Shaw to a total of 9.5 years in prison, a lifetime driving suspension, and post release control.

He also told Shaw that when he gets out of prison, he cannot drink if he really wants to change.

“A lot of people who use alcohol and drugs fail to realize that they can’t use alcohol or drugs at all,” McBride said. “You have six DUIs. If you don’t know, you surely should know you cannot drink at all.”