Jury finds Walker not guilty

A jury of five men and seven women reached a unanimous not guilty verdict Wednesday, Jan. 15 in the State v. Walker case in Highland County Common Pleas Court.

Highland County Common Pleas Court Judge Rocky Coss thanked jurors for their service in the emotional vehicular homicide case.

"I want to thank the jurors for their service," Coss said. "It's always difficult in a case like this, involving young people. I thank you, and the public thanks you."

Prior to the verdict, Judge Coss noted, "This has been difficult for everyone. Everyone has conducted themselves in an exemplary manner."

Highland County Prosecuting Attorney Anneka Collins agreed, saying, "This was a very difficult case, and I thank the jurors for their service."

Testimony concluded Tuesday, Jan. 14, with Judge Coss presiding.

Jurors deliberated until 10 p.m. Tuesday and resumed deliberations Wednesday morning, the judge said.

Walker was indicted following a Nov. 22, 2012 fatal crash off Green Road in Liberty Township. He was charged with vehicular homicide.

The accident, a one-vehicle crash of Walker's 2001 Ford F-150 pickup truck, claimed the life of Marshall R. Banks, 22, of Hillsboro. The vehicle was traveling an estimated 76 to 93 mph at the time of the crash.

Tuesday's final day of testimony centered around crash reconstruction specialist Sergeant Charles R. Scales of the Ohio State Highway Patrol. Scales said he has 22 years of law enforcement experience.

After a series of questions from Collins, Scales testified that he believes that Walker was the driver of the F-150, and Banks was a passenger.

Under examination from defense counsel Jim Boulger, Scales was asked about his education and experience, prior to addressing the incident. Boulger asked Scales about the evidence collected and how it was presented to BCI&I and the prosecution.

Specifically, Boulger asked about DNA testing of several areas within the pickup truck, including the ignition key, gear shift and foot pedals. Scales testified he did not use "touch DNA" in the areas of the key, gear shift and foot pedals.

"If a person placed his thumb and forefinger on an ignition key, it could produce DNA?" Boulger asked Scales.

Scales replied, "It's a bad indicator."

"We'll get along better if you answer my questions," Boulger said. "You did not swab the ignition key?"

"No," Scales said.

"But you did swab the steering wheel?" Boulger asked.

"Yes," Scales said.

"But not the key or the gearshift?" Boulger asked.

"No," Scales said.

Boulger also went into great detail on the truck rollover and the positions of both occupants.

"I got the distinct impression from your testimony that a passenger that has shifted to the driver's side and then ejected to the right? I thought we agreed on this," Boulger said.

"I didn't agree to that," Scales said. "The passenger didn't end up in the driver's seat."

Boulger later questioned Scales about using the autopsy's report and attempting to correspond medical reports of injuries to both occupants with his final crash report.

"Did you look for evidence of Logan Walker's injuries within the vehicle?" Boulger asked.

Scales replied that "that's very difficult, commonly not done. Once the vehicle rolls, you're going to incur multiple injuries."

On cross-examination, Collins asked Scales if he based his opinion on any one piece of evidence to support that Banks was in the passenger's seat. Scales replied, "No."

Collins then asked Scales if he based his report on any one piece of evidence to support that Walker was the driver. Again, Scales said "No."

Scales consistently stated his opinion that Banks was the passenger and Walker was the driver.

On Tuesday afternoon, Walker was called to testify on his own behalf.

Walker said that he and Banks had been friends since the seventh grade, and the friendship continued even after Banks transferred from Hillsboro to Whiteoak High School at the end of his sophomore year.

"We was best friends since seventh grade," Walker said. "We was best friends our whole lives."

Walker testified that he and Banks had texted on Nov. 21, 2012 and met that evening at a New Market business.

"We met and headed to town," Walker said, adding they were on their way to the bowling alley in Hillsboro.

Boulger asked who was driving.

"He [Banks] was," Walker said.

Walker then testified that he couldn't remember anything after about 9 p.m. on Nov. 21.

"I don't have any recollection of being at the Alley," Walker said.

"How about at the Ole Depot?" Boulger asked.

"No," Walker said.

"How about at Holtfield Station?" Boulger asked.

"No, I don't," Walker said.

Walker said he didn't remember other passengers in his truck being dropped off after leaving the Ole Depot and prior to arriving at Holtfield Station.

"I remember waking up feeling a sharp pain in my head [after the accident]," Walker said.

Boulger then said, "I'm going to hand you two photographs," at which point Walker leaned away and said, "I don't want to see them." Walker was visibly upset.

"Do you know who was driving [at the time of the accident]?" Boulger asked.

"No, I do not," Walker said.

On cross-examination, Collins asked Walker if he recalled texting Banks on Nov. 21 about their "pre-game" and what that meant.

"It probably means we were going to start drinking," Walker said.

"Do you recall calling him names?" Collins asked.

"No," Walker said.

"Do you recall teasing him because he wanted to go out with his girlfriend that night? Did you harass him?" Collins asked.

"I wouldn't call it 'harassing,'" Walker said.

"You were friends?" Collins asked.

"Yes," Walker replied.

Witness testimony concluded at 1:30 p.m.

In closing statements, Boulger asked jurors to consider that much of the evidence was "circumstantial."

"The real question is who was in the driver's seat when it left Holtfield Station?" Boulger said. "All we know is that Logan, the last time he was driving, he was fine. Is that the same person who was blasting over the hill [on Green Road]?"

Boulger urged jurors not to take the state's case "hook, line and sinker."

"There is no physical evidence, not a shred," Boulger said.

"If there's one thing that sticks out in this case, it would be so easy for Logan to recover his memory and tell you who was driving. Who could contradict him? But he hasn't done that. It speaks worlds to his character.

"Take that circumstantial evidence and give Logan Walker every reasonable doubt."

In her closing comments, Collins rejected the notion that there is not sufficient physical evidence. She also asked jurors to remember their common-sense application to the law.

"Common sense says Logan Walker was intoxicated; he was drinking throughout the night; he even testified that he was 'pre-gaming.' The doctor even kept him at the hospital because he was so intoxicated. His blood alcohol level was more than two times the legal limit. You don't have to give the defendant reasonable doubt," Collins said. "This case is a tragedy. Marshall was in college, playing baseball and planning a wedding. Look at the evidence. Find the defendant guilty of killing Marshall Banks on Nov. 22, 2012."

Following instructions from Highland County Common Pleas Court Judge Rocky Coss, jurors went into deliberations at approximately 3:07 p.m. Tuesday.

According to the OSHP, the accident occurred on Nov. 22, 2012 at approximately 3:31 a.m., when a 2001 Ford pickup truck was westbound on Green Road and drove off of the right side of the roadway.

The driver attempted to correct, but was unable to and overcorrected due the vehicle's speed, the OSHP said. The vehicle then drove off of the left side of the roadway and struck a tree.

The vehicle overturned, ejecting at least one of the occupants. The vehicle came to rest right side up and still under power. It continued back onto the roadway, crossing the roadway and coming to rest in a ditch on the opposite side of the roadway.

The occupants in the vehicle were Logan M. Walker, 22, of Hillsboro, and Marshall R. Banks, 22, of Hillsboro.

Mr. Banks was pronounced deceased at the scene by Highland County Coroner Dr. Paul Terrell.