ASHLAND – The driver who allegedly struck an Amish buggy while intoxicated Sunday has been charged with aggravated vehicular assault, Ashland County Prosecutor Christopher Tunnell announced Wednesday.
The complaint charges Patrick A. Muscaro, 47, of West Salem, with one count of Aggravated Vehicular Assault, a third degree felony.
The charge stems from an Oct. 14 incident in which prosecutors allege that Muscaro was operating a motor vehicle in an intoxicated condition on State Route 224 in Ashland County and caused serious injury to three occupants of a horse-drawn buggy.
Those seriously injured include Andy Swartzentruber and his two minor children, aged 2 and 7. Both children were life-flighted from the scene to Akron Children’s Hospital. Mr. Swartzentruber was transported by Sullivan EMS to University Hospitals Samaritan Hospital in Ashland and subsequently transferred to Akron General Hospital.
It is alleged that Muscaro drove his 2002 Ford Taurus into the rear of the buggy as both were travelling eastbound. Muscaro was the sole occupant of the Taurus, and there were a total of seven occupants of the buggy. Those occupants not seriously injured were cleared at the scene or after being transported to University Hospitals Samaritan Hospital.
Muscaro refused both roadside and chemical testing. A search warrant for a blood draw from Muscaro was requested and authorized by Judge John L. Good of the Ashland Municipal Court. The blood draw results are pending with the Ohio State Highway Patrol Crime Laboratory.
The Ashland Post of the Ohio State Highway Patrol is continuing to investigate this matter. The Ashland County Prosecuting Attorney will review the matter further and intends to present the case to the Ashland County Grand Jury when appropriate. The Grand Jury review could result in additional charges.
“We are keeping the Swartzentruber family in our thoughts and prayers,” Tunnell said in a news release. “Going forward my office will review additional charges as the prognosis of each victim and the full width and breadth of the facts underlying this tragic incident become clear. We felt that a single felony count at this time would secure a sufficient bond for this defendant to protect the public in the short term.”
A video bond hearing was held Wednesday before the Ashland County Court of Common Pleas.
“Muscaro is presumed innocent until proven guilty,” Tunnell said in the release. “It is the duty of the Prosecuting Attorney to secure justice for the victims, their families, and the community while preserving the rights of the accused in a fair and just manner.”
