Verdict expected Friday in trial of woman accused of murdering Mason family with car
A Xenia woman accused of using her car as a deadly weapon could know by tomorrow if she will be headed to prison, possibly for the rest of her life.
Abby Michaels, 25, faces six counts of murder and three counts of aggravated vehicular homicide.
Michaels is accused of intentionally driving the wrong way on I-75 on March 17, 2019, and crashing into a Mason family's car. Timmy Thompson, his wife Karen, and their 10-year-old daughter Tessa were killed.
Prosecutors said it was a suicide attempt. Michaels' Husband, Kyle Pastorelle, had filed for divorce two days earlier and refused to see her that night.
"She made those text messages to Kyle, 'Goodbye. I love you. I am dying now' at 8 p.m. That was two-and-a-half minutes before the collision," said Ann Gramza, assistant prosecutor for Montgomery County.
Pastorelle testified during the bench trial and said Michaels also told him she was going to drive "backward" on the highway.
Defense attorneys said Michaels wasn't in control of her car, because she was having a seizure, and she's had them before.
"Psychogenic nonepileptic seizures are real. They're not the patient's fault. They're not fake, and they manifest themselves in a way where a person cannot control their motor function," said defense attorney Jay Adams.
Adams said since Michaels couldn't control her motor function she was not acting knowingly or recklessly, therefore she should be found not guilty.
"It is a shame what happened here. Shame doesn't even begin to express the loss, but it doesn't mean that it was knowingly. It doesn't mean that it was reckless, and it doesn't mean that she had any intent," Adams said.
Prosecutors said Michaels' own words, witnesses who saw her driving that night, and results of a crash reconstruction should prove her guilt.
"The steering wheel was turning back and forth, controlled movement. The brake pedal was engaging, disengaging, controlled movement. The gas pedal was floored, released, floored again, released. All of that support controlled movements by Abby Michaels," said Bryan Moore, assistant prosecutor for Montgomery County.
Judge Steven Dankof said he plans on filing a written verdict on Friday.