Columbus,OH : Columbus woman sentenced for fatal crash on June, tuesday 13th 2017

Tammy Gross stood in front of the Butler County Courthouse on Tuesday afternoon with a group of friends and family members of her late husband, Michael Gross.

“She got something,” one of Michael's friends said. “She got something.”

The friend was talking about the sentence handed down to 55-year-old Diane Hitz of Columbus, who pleaded no contest to felony motor vehicle homicide in connection with the May 2, 2015, crash that killed Michael Gross.

Those who knew the 51-year-old Duncan man weren't satisfied with the decision made by District Court Judge Mary Gilbride following Tuesday's hourlong hearing.

Hitz was ordered to serve 180 days in jail, but will be released after just 72 days. She can have 90 days waived if she complies with the terms of her probation, but will be required to serve additional jail time in 48-hour increments around the dates of Gross' birthday and anniversary of his death.

She'll be on probation for three years.

Butler County Attorney Julie Reiter said she argued for incarceration without probation. However, she said, because Hitz did not have a prior record of violations, she was not surprised that probation was granted.

“Everybody can move on except for the victims,” Reiter said. “They are left with the loss of a loved one. There is always going to be a gaping hole.”

The prosecutor said the fatal accident could have been prevented "if (Hitz) had not consumed alcohol and prescription drugs, and driven way over the speed limit, in conditions that were not conducive to that."

During an April hearing, when Hitz pleaded no contest to the crime, Reiter presented investigative reports that showed Hitz was drunk when her northbound 2013 Nissan Rogue rear-ended a 2003 Yamaha motorcycle driven by Gross on U.S. Highway 81 about 5 miles south of Columbus.

The crash, which happened shortly before 10 p.m. on a rainy night, killed the Duncan man.

A Nebraska State Patrol investigator’s report indicated Hitz's vehicle was traveling between 93 and 101 mph when it struck the motorcycle. Her blood alcohol content was found to be .221 after the crash, nearly three times the legal limit to operate a motor vehicle.


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Columbus woman sentenced for fatal crash