Wed Mar 10 2010
by Laura Freeman
Reporter
Stow -- The driver of a truck that struck and killed a Boston Heights police officer in January has been found guilty of reckless operation, a minor misdemeanor. A charge of vehicular manslaughter was dismissed as part of a plea deal.
John Gavelek, 51, of Garfield Heights, pleaded no contest to the charge April 24, and Acting Stow Municipal Court Judge John Clark found him guilty. He was fined the maximum $150 and paid a total of $234 in fines and court costs.
Police say Gavelek was driving a box truck that struck and killed Boston Heights police officer Jarod Dean before 5:30 a.m. Jan. 19 in the southbound lanes of state Route 8 near the Ohio turnpike.
Officer Dean, 24, of Hudson, was picking up debris on Route 8 when he was struck, according to Boston Heights Police Chief Joseph Varga.
Gavelek told investigating officers that he did not see Officer Dean until after the truck struck him, according to Varga.
Gavelek was arrested Feb. 25 and charged with vehicular manslaughter and approach to safety vehicle, both misdemeanors.
Gavelek's attorney, Michael H. Peterson, said he and Boston Heights attorney Tom Mullen worked out a deal to reduce the charges to a minor misdemeanor for reckless operation.
Peterson said Gavelek had the support of his employer and kept his job.
"John, my client, is extremely upset and remorseful for what happened," Peterson said. "It was surely an accident, what happened that morning. No more than that. ... It was a terrible traffic accident. My client is very upset about what happened to the police officer and is terribly sorry."
Officer Dean was a part-time police officer with Boston Heights for six months and previously worked in Windham for two years, Varga said.
Mullen said the plea bargain had the approval and consent of Officer Dean's family.
Although the Dean family was not present April 24, it was represented by a civil case lawyer.
The sentence closes the criminal case, Clark said.
E-mail: lfreeman@recordpub.com
Phone: 330-688-0088 ext. 3150
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