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By Beacon Journal staff
POSTED: 03:08 p.m. EST, Feb 26, 2009
A Garfield Heights man who hit and killed a Boston Heights police officer last month on state Route 8 has been arrested and charged with misdemeanor vehicular homicide.
John Gavelek, 51, pleaded not guilty Wednesday in Stow Municipal Court in the death of officer Jarod Dean, 24, of Hudson.
Gavelek was driving a box truck hauling vending machine equipment near Hines Hill Road at 5:30 a.m. Jan. 19 when he struck the officer.
Dean had been dispatched to the area to remove debris in the roadway and was out of his patrol car when Gavelek failed to see him, the Ohio Highway Patrol reported.
Gavelek also pleaded not guilty to a misdemeanor charge of failure to move over for a public safety vehicle.
The case has been assigned to Judge Kim Hoover.
A Garfield Heights man who hit and killed a Boston Heights police officer last month on state Route 8 has been arrested and charged with misdemeanor vehicular homicide.
John Gavelek, 51, pleaded not guilty Wednesday in Stow Municipal Court in the death of officer Jarod Dean, 24, of Hudson.
Gavelek was driving a box truck hauling vending machine equipment near Hines Hill Road at 5:30 a.m. Jan. 19 when he struck the officer.
Dean had been dispatched to the area to remove debris in the roadway and was out of his patrol car when Gavelek failed to see him, the Ohio Highway Patrol reported.
Gavelek also pleaded not guilty to a misdemeanor charge of failure to move over for a public safety vehicle.
The case has been assigned to Judge Kim Hoover.
Comments
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Posted 03:27 PM, 02/26/2009
You have to be kidding me? A flashlight would have saved this guy.
Portage Lakes, Oh
Posted 03:36 PM, 02/26/2009
what a joke....if he really did something wrong why so long to charge him. Sounds like retribution
Posted 03:50 PM, 02/26/2009
"Dean had been dispatched to the area to remove debris in the roadway and was out of his patrol car when Gavelek failed to see him"
Um, probably 99.9% of us would fail to see a LEO dressed in dark blues in the darkness of 5:30 AM. Unless Officer Dean was wearing some sort of dayglo vest, I don't see how you can fault Gavelek.
Tragic? Yes. Criminal? That's a stretch based on the facts presented thusfar.
Akron, Oh
Posted 03:54 PM, 02/26/2009
another waste of taxpayers time and money. some lawyers need a new car or maybe behind a few payments. Maybe some judge needs another easy case under his belt. whatever it is ..it's going to be a waste of taxpayers money and time. The driver going to go in debt lose his job and his license because of an ACCIDENT. NOT HIS FAULT.Oh well maybe his people really should rally together and get this throw out.
cranberry twp, pa
Posted 03:56 PM, 02/26/2009
Why was this dummy in the middle of the road picking up debris when vehicles were still driving?!
cranberry twp, pa
Posted 03:59 PM, 02/26/2009
Obviously this guy is being made an example of. What the police are trying to demonstrate is beyond me. Other than that they are A_holes in Boston Hts.
Posted 04:00 PM, 02/26/2009
I'm very sorry to family and friends about this tragedy.
That area has so much going on as far as construction and traffic, it's dangerous to drive thru, even under good conditions.
Again, I'm very sorry.
Akron, Oh
Posted 04:04 PM, 02/26/2009
NOTHING A POLICE OFFICER DOES IS WRONG AS WELL AS NOT WEARING A SAFETY VEST WHILLE OUT IN THE MIDDLE OF THE EXPRESSWAY
akron , oh
Posted 04:54 PM, 02/26/2009
REDICULOUS!
Akron, Oh
Posted 04:57 PM, 02/26/2009
Do not be in state highway prior to sunrise without your emergency vehicle protecting your task! I am sorry but this officer may be wrong.
Posted 05:22 PM, 02/26/2009
It is my understanding from reliable sources that he was wearing a neon vest and his vehicle lights were on. Anyone that has taken a driving test should know that anytime an emergency vehicle is stopped with its lights on you are to move over. Maybe we all should not be so quick to judge until after all the facts come out.It also probably wouldn't be a bad idea if more people paid attention to the road and less attention to their phones, radios, food and make-up. These men and women give their lives to protect us. Who protects them when something goes wrong despite them following all the correct procedures? Such a sad event. My heart and prayes go out to all involved.
Posted 07:05 PM, 02/26/2009
"It is my understanding from reliable sources that he was wearing a neon vest and his vehicle lights were on."
Actually, kara, the fact he had his cruiser's emergandy lights on may have contributed to the accident. I'm not sure, but I swear these light bars have gotten to be brighter and brighter, and brighter as the years have gone by....to the popint they can be blinding and completely eradicate the nearest area into total darkness. Think about it - when you look into a BRIGHT light, especially at night - the immediately surrounding area is blacked out.
Perhaps this tragedy can be used as a learning experience in discounting the 'popular belief' as it relates to these emergency lights rather than turning it into a pin-the-tail-on-the-donkey exercise in the courts.
I've OFTEN come upon these light bars a-blaring only to go by thinking, "I can hardly see anything within 30 ft of the car!"
Posted 07:07 PM, 02/26/2009
When you see an emergency vehicle on the side of the road with it's emergency lights flashing, isn't it a law that you are supposed to move into a far lane to provide clearance? I don't think the truck driver did this? Also, isn't it common sense to slow down when there are emergency vehicles with light flashing? I don't think the truck driver did this also.
Posted 07:17 PM, 02/26/2009
You have to be kidding !! My heart goes out to this officers family, but the officer as I understand was not wearing a neon vest, he did not have a flashlight in his hand and could not be seen. The officer should of had safely flairs placed in the road as so vehicles could see he was present and cleaning debris from the road. I feel the driver of the truck is innocent and should not be charged. Even if the officer had his lights on, that would not of indicated to a driver of a vehicle that he was in the road !!!
Tallmadge, OH
Posted 07:47 PM, 02/26/2009
As they always say, police take care of their own, and this is sure the case here. They have no business charging this driver.
Akron, OH
Posted 08:53 PM, 02/26/2009
It is tragic that Officer Dean died, however how can this man be charged in his death? John Gavelek was at the wrong place at the wrong time. Any one of us could have been the one who hit this officer. I work in a field where we are required to make ourselves seen even in the bright summer sun let alone at night!! We have to assume that cars do NOT see us and do NOT know we are ahead of them. Figures its a rich little town pressing charges.
akron, oh
Posted 09:01 PM, 02/26/2009
He is dead meat. Judge hoover is the biggest jerk on the bench ever.... Just in regular court costs this guy will have to remortgage his house.
Ah well I guess he deserves it. What Kinda of heartless idiot doesnt help a person that has been hurt.
Akron, Ohio
Posted 10:47 PM, 02/26/2009
Old man grump and the rest of you. You have no clue to what you are talking about. OSP are the ones who investigated for over a month. Do you think they are going to just make false accusations? It's not about protecting their own. I will tell you that this guy was in fact speeding when he was passing another truck and not paying attention. Did you ever think of that? No. Cause your all quick to blame just because he was a police officer and you think he was not doing his job correctly. Pathetic.
Akron, Oh
Posted 12:26 AM, 02/27/2009
I can assure you that the Boston Stranglers use their emergency lights. People need to move over. For whatever reason, drivers on this strech of road think they are still on the highway even though you get plenty of warning you are going from 65 to 55 to 50 in a short matter of time. I go this way daily and have to deal with these speed freak idiots. Also, when you reach 303, the left lane ends. Everday, idiots speed up to cut you off in just the nick of time. They even do this when the roads are icy. I hate stupid people.
WADSWORTH, OH
Posted 05:05 AM, 02/27/2009
Did the officer have a 'blaze orange traffic vest on?
Let this young LE Officer rest in peace.
Tragic.
Posted 05:48 AM, 02/27/2009
I'm sorry Maximus but with Police Officers... it's always about protecting your own. How many of them get away with DUIs and speeding tickets after flashing their badges to another cop who pulls them over? You can't put a number on it, but its HUGE.
If this guy was a common everyday Joe who had his hazards on and decided to get some debris out of the road to be a good samaritan, Mr. Gavelek would not be charged. It would be deamed as an "accident" and nothing more.
I feel sorry for the officer's family, but dragging Mr. Gavelek into court and elongating this whole situation will only extend tne pain of his family.
What happened to Gavelek could've have happened to anybody.
Posted 06:18 AM, 02/27/2009
I have to agree with the BMW rider. It is sad for anyone to not come home from work due to an accident. We are taught as children to dress in cloths to be seen at night, we are taught to stay out of traffic and we are taught it is dangerous to be in the road way with autos. All these rules were broken. Dark cloths, no safety vest, no light and he walked out in front of the truck. Clearly the driver of the truck did nothing wrong.
Remember as long as you live protect and serve is protect one another and serve them selfs. The civilian is cannon fodder.
Posted 06:20 AM, 02/27/2009
It is a risk associated with the job. Lets bring his supervisor up on charges for not making sure his officers were fully prepared.
hudson, oh
Posted 07:26 AM, 02/27/2009
What a bunch of hooey. I hope I'm called for jury duty on this one. Up until now we heard (even from the police) it was an accident.
They've got to access blame on anyone but the City - find a scapegoat, as the City of Boston Heights is trying to get itself off the hook for the lawsuit the family of the fallen officer is bound to follow.
hudson, oh
Posted 07:28 AM, 02/27/2009
And the poor guy has no chance - NOBODY ever gets a fair trial in front of Judge Kim Hoover.
Akron, OH
Posted 09:03 AM, 02/27/2009
My brother is a cop and when he's directing traffic in broad daylight with his neon vest on, cars still come close to hitting him because people aren't paying attention to what they are doing. I think the driver made a big mistake but I don't think he needs to go to jail for it.
Akron, Oh
Posted 09:05 AM, 02/27/2009
Where does it say that this officer did not wear a vest or that his lights were not on?
Akron, Oh
Posted 09:15 AM, 02/27/2009
In regards to:
That area has so much going on as far as construction and traffic, it's dangerous to drive thru, even under good conditions.
This is not the construction zone in either direction. If you are traveling south, you have left the zone. If you are heading north, you have yet to enter the construction zone. People fly through the construction zone that is clearly marked 40 MPH. Route 8 is dangerous because of idiot speed freaks.
CF, oh
Posted 11:05 AM, 02/27/2009
Well said Maximus! To the rest of you with an oppinion please realize that what you read in the paper is not "the whole story." You demonstrate your ignorance by speaking about that which you do not know.
Akron, OH
Posted 11:44 AM, 02/27/2009
thinblueline & Maximus - well then why don't you both educate those who are ignorant. Cops protect their own, it's well known...the facts will come out in court.
hudson, oh
Posted 11:56 AM, 02/27/2009
The odd thing is, I thought for years someone would die in this intersection, just not this way. Every day, between 4 and 6pm., drivers going West on Boston Mills Road, with the intention of turning left at the light on to Route 8, do so (turn left) with no regard to Eastbound traffic going straight. They blindly act as if they have a green arrow, when in fact they have a green light, with opposing traffic on green as well. They think the two lanes of Route 8 give them one of them, unconditionally, and pull into the intersection blindly.
Someday, somebody else will die here, and it's because Boston Heights doesn't care about safety untill it's too late.
Akron, OH
Posted 12:59 PM, 02/27/2009
Up on the sidewalk, thump, thump, thump. Facts will be facts. I hope he has a good attorney for the simple fact he’s up against the blue line!
akron, oh
Posted 01:47 PM, 02/27/2009
You people make me sick. First of all, the driver should have pulled to the farthest lane when passing the emergency vehicle with its lights on. Second of all, he should have slowed down knowing the possibility of an officer walking up to another vehicle or opening his door. Despite that was not the situation the driver should have been more aware of the situation, even if it was dark at 530am. Lastly, he was charged with MISDEMEANOR VEHICULAR HOMICIDE - a low charge because he HIT A PERSON. Anyone who hits a person and kills them is going to be charged. Its too bad the police officer just didnt leave the debris in the middle of the road because then the truck driver could have hit that instead and killed himself rather than the officer. Then you people wouldnt be sitting here complaining that it was the officer's fault that he got hit and the ignorant person driving who couldnt pay attention to what was in front of him did nothing wrong. I dont know, maybe Im wrong, but I have never hit anything in front of me while driving, desprite being sunshine or dark. If i were a police officer in summit county i would let the crime run all of you out for the disrespect you constantly have for people whose jobs put their lives on the line everyday to help someone else. I have seen more police help people in my life then hurt them. And if you disagree the only people your protecting are the criminals breaking the law.
uniontown, OH
Posted 01:48 PM, 02/27/2009
THIS IS SAD TO CHARGE HIM NOW AFTER SAYING IT WAAS AN ACCIDENT. THIS IS A TRAJEDY AND I AGREE IF IT WAS JUST A JOE SHMOE ON THE ROADWAY THAT GOT HIT IT WOULD BE RULED AN ACCIDENT. IT IS JUST THAT AN ACCIDENT. LET THE OFFICER REST IN PEACE
akron, oh
Posted 02:00 PM, 02/27/2009
the accident was why he was charged with a misdemeanor and not a felony
hudson, oh
Posted 02:05 PM, 02/27/2009
This is all about liability, Boston Heights wanting none of it.
UPON FURTHER REVIEW:
For each of us, absurd as this may sound, it would be best if he is found guilty.
Just imagine a wrongful death suit against Boston Heights: it will bankrupt this small community - and you and I and everyone else who drives through Boston Heights will be seen as a revenue target.
You thought they were bad now, just wait - if they are liable for the officer's death (and there certainly will be some type of suit filed by his survivors) you an I and everybody else are the ones who will hwve to pay.
So, sad (and morally wrong) as it is, my behind will be better off if he's found guilty.
Posted 02:06 PM, 02/27/2009
Maximus
you act as though you are an eye witness. We all know that eyewitness testimony is overated
Akron, OH
Posted 02:15 PM, 02/27/2009
concerned citizen - good point!!
Akron, Oh
Posted 02:30 PM, 02/27/2009
Maximus does not have to be an eye witness. I don't know about Maximus but I am out there on this section of that road everyday. The drivers have no regard for anyone at all. Especially when they enter the construction zone. When you travel this route, you are taking your life in your hands.
rootstown, oh
Posted 06:07 PM, 02/27/2009
if the stupid cop does not walk in front of traffic he doesn't get hit.stuff you teach a 6 yr. old.quit trying to blame the poor guy.if a cop hits a pedestrian,do you think he would be charged.no way.darwin's rule here folks.
rootstown, oh
Posted 06:11 PM, 02/27/2009
the cop was stupid for walking in front of traffic.quit trying to blame someone else.darwin's rule here.
Posted 06:11 PM, 02/27/2009
Boy in Blue@ We all have responsibilities in life and to walk in front of moving traffic is not acting responsibile. The reason the law was put on the books was a Boston Heights cops was standing with his rear end in the right lane while talking to another cop on Rt 8 and a car hit him. It is not responsible to put your self at risk by doing dangerous acts then not accept blame.
The BMW rider said the most accurate response. The bright strobe lights take away vision around the car, it diverts attention to the car, the dark clothing took away the ability of seeing the man and to walk out into moving traffic was the end of bad decisions by the officer. Why not park the car behind the debris? This way he uses the lights and car to his advantage. Send up a snow plow truck and push the debris off the road. There were many options. To walk around not protecting your self then not accepting responsibility for your actions is just wrong.
No one wants to run down anyone, police or not. This was an accident that oould have been prevented by the officer. As far as putting your life on the line that is not correct, look at CDC on deaths on the job, police being killed on the job has less odds than driving to work. If you want to see people putting life on the line be a construction electrician, now that is a job that 3x the death rate than police.
Facts, just the facts.
rootstown, oh
Posted 06:35 PM, 02/27/2009
cop was stupid to be in traffic.
rootstown, oh
Posted 07:57 PM, 02/27/2009
re:cops putting their life on the line.many other jobs have a higher death ratio than a police officer.taxi cab drivers are 3.5 times higher;convenient store workers 2.4 times higher;lineman for electrical companies are almost 3 times higher.just so you know.
Akron, Oh
Posted 11:14 PM, 02/27/2009
Officer Dean is gone and my symphathy and prayers are with his family!
But why was he on Rt 8 picking up debris is the only question I want answered. A cop, in uniform, on the freeway cleaning up and was dispatched to the area. This could not be an Akron cop.
akron, oh
Posted 03:04 PM, 02/28/2009
I wonder if those sunglasses he is wearing are police issue? I know if I was a police officer and they wanted me to pick up debris off of the road i would have used my cruiser and all those bright lights to stop all traffic on the road before I would be dumb enough to walk in the middle of rt.8
Boston Hts, Oh
Posted 01:36 PM, 03/02/2009
First of all, He wasnt dispatched to pick up the debris..He called in that he was stopping to pick it up...it was left behind by the tow company ofter a prior accident.
secondly,Educatedone, his supervisor is Chief Varga, and Im sure he was provided with all nessessary equipment by the department.
Boston Hts., OH
Posted 01:43 PM, 04/13/2009
First, I don't know all of the details, but it does seem like the officer should have used his vehicle to protect himself. It shouldn't be too terribly dangerous dangerous to stop a flashing cruiser in such a way as to block the the lane until the debris was removed.
Second, and to be fair, neither does the situation excuse the other driver from failing to slow down and pay attention when a flashing cruiser on the side of the road.
