This is an unfortunate tragedy, but I have to agree on this one.The prosecutor has neglected a glaring item. The deceased gave up his right to use the road by virtue of his intoxication.

Ohio Revised Code 4511.19

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

sounds like this guy should work for walsh

I nominate Jafo for President. He definitely has a plan and knowledge to apply it.

Bravo Dyer. Once again, y'all have ferreted out some dirty secrets as the nations award winnin' traffic reporter.

Prosecutors are supposed to be the peoples representative to find the truth of a legal matter. Unfortunately, few are ever concerned with the truth.

Say Dyer, isn't there a similar story about a little girl here in Akron, who is bein' wrongfully prosecuted as well, for a similar vehicle/motorcycle accident that y'all could have wrote about??

You are wrong yet again, Betamax. When I took a law course, the U of A professor told us that it was a misconception that the legal system is supposed "to find the truth of a legal matter." The legal process seeks to bring a matter to some resolution, so that society can move on. That may mean seeking some truth, true enough, but it is not the main end.

Don't argue. Call the University of Akron Law School.

Remember a prosecutors job is to win the conviction at all costs whether the truth comes out or not in the trial. What a sad state of affairs we have in Wayne County with this judge and prosecutor.

The Wayne County Justice system is a JOKE. For Prosecutor Jodie Schumacher to cite her "professional conduct" as the reason she won't comment on the case? She obviously doesn't know anything about professional conduct!!! How could she tell the ONLY eyewitness not to show up? She didn't want the jury to hear what really happened. And to exclude the alcohol from evidence? I don't see any professional conduct with her behavior. But it isn't just her... Obviously Judge Carol White Millhoan is willing to condone this injustice. Can you imagine if they continue to sabotage the evidence and witness and they actually get a conviction? What if Brian Kellogg has to go to jail and doesn't even get to admit evidence to prove his case? God help you if you live in Wayne County and get hit by a drunk driver.

All I want to know is who was the drunk driver related to in Wayne County Government? I thought it was illeagle to pass at an intersection.

I also believe this prosecutor was trained by Walsh. This has all the traits of Summit County Porsecutors office.

The Justice System all over the state is flawed. They do like to "play favorites" in most areas and cases around here, especially Barberton for instance. I didn't think Wayne County was too bad, but apparently it is as well.

There's one factor here only: The prosecutor basically screwed up and refuses to admit fault, so they're going to run through this because they would rather go down fighting than admit failure.

I wouldn't rule out favoritism either. Even though the family doesn't blame Kellogg, Shanklin could have been drinking buddies with someone in the county government, and you know how that can go...

It does sound an awfully lot like Summit County doesn't? maybe all prosecutors need a special class in how to ensure justice is served and how not to take a case personally.

Bring on Gil Grissom! He would never let the prosecution hide a very important piece of evidence!

People with these kind of degrees run the political system. Doesn't that just want to make you run to the voting booth??

Wow, Schumacher called the witness and told him not to show up! Shouldn't she be charged with something..like obstruction of justice, or just plain ignorance. And where did Judge Millhoan get her credentials...from the School of Poor Judgment!! It appears that they are trying to railroad Mr. Kellogg, and instead are making absolute fools of themselves, and a mockery of our justice system. I pray that Brian will receive justice and all of this will result in his favor. As for Schumacher and Millhoan, one day they will have to stand before a Greater Judge. Hopefully for them that judgment won't end in FIRE AND BRIMSTONE!!

Wow. Wow, wow, wow. I am amazed at this story. My first thought was that the Wayne County Prosecutor's office has painted themselves into a corner and won't admit that this was nothing more than an accident and the charges should go away. I have a sneaking suspicion that Mr. Shanklin's BAC will make it into court this time and if that happens, the prosecution will likely want to crawl into a hole at that point. I personally hope the BAC is admissable because how could it NOT have had an impact on this accident? For someone who was that drunk and driving, wouldn't it be reasonable to say that by the very virtue of them driving that intoxicated, that their fault exceeds the fault of other drivers in a case like this??

try getting justce in holmes county ,a amish woman was hit/skip at the groery bag a few years back by a blue car with the lic plate of xboy scout,the amish man got the part plate ,the barney fife police officer never took wit names ,they said you can not run part plates,these girls in the car were related to the owners of the groery bag,the po did not even call a aulbulance,she had a broken arm,thats the way they treat amish in millersburg

There is definately something awry with this case for them to not allow the blood alcohol evidence. Any other time,they would be foaming at the mouth when presented with an opportunity to prosecute even the most minor alcohol offense.

Are these women of the courts PMSing or what?! They need to leave their conflicts with the men in their lives at home, stop taking it out on the men they prosecute in court, and get a grip on reality. Ms. Walsh has apparently trained them well! Mr. Kellog, you have my full support and prayers - this is a nightmare you and your family never should have had to endure.

The DUI law is not at all about safety it is about revenue. The federal government ties road money to certain laws to force the states to comply.
Prosecutor Walsh pushed the law to force mandatory blood draws despite the constitution. If it were about safety everybody would be able to go through treatment in lieuof conviction on their first offense as is allowed for in the Revised code. Oriana house makes huge profits on their DUI jail.
If you doubt this follow the money!

Jack McCoy would love Wayne County.

A good reason to stay off the roads on Friday nights. Anywhere.

Thanks for standing up for this unfortunate victim of circumstance, Bobble. But it's your nature, I suppose, since you defend our city's most notorious drunk, the mayor.

My 2 cents: The prosecutor, as the trial lawyer for the government in criminal cases, investigates possible violations of the law, determines the criminal charges, reviews applications for arrest and search warrants, subpoenas witnesses, enters into plea bargains, tries criminal cases, and recommends sentences to courts upon convictions.

But the task of the prosecutor is something more. The prosecutor is the representative of the government upon whom the courts and the rest of society impose an ethical standard that transcends the prosecutor's duty to convict guilty persons.

In Berger v. U.S. (1935), Justice Sutherland articulated the prosecutor's higher duty of fairness when he declared that a prosecutor's duty is not just to win a case, but to do justice.

The prosecutor's twofold aim, in Sutherland's view, is “that guilt shall not escape or innocence suffer.” According to Sutherland, a prosecutor “may strike hard blows” in trying to convict defendants, but he or she is “not at liberty to strike foul ones.” It is as much a prosecutor's duty “to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.”

Obviously not all prosecutors accept this responsibility (for any number of reasons). However, consider for a moment, that you never get to read about the ones that actually do in the ABJ as their decision to do the right thing goes completely unnoticed.

The Law Enforcement community and justice system in this country are jokes anymore. This case is a great example to bring up with any moron who stupidly suggests 'don't break the law and you have nothing to worry about'......when abuses of power and corruption surface amongst LEOs, judges and prosecutors. These knuckleheads don't have a clue and yet they ALL have the power to ruin a person's life - such as the obviously innocent Brian Kellogg in this case.

Ah, but the good sheeple of the land will continue to be mind-numbed robots and dutifully vote these inept, and often corrupt, Prosecutors, Sheriffs and Judges into office again and again and again.

It's time to send a message. Martin Franz (the elected official in this case) and whoever the judge was on the first trial would be a great place to start. Add Walsh and Alexander in Summit, Swanson in Stark, and McFaul in Cuyahoga to that list. They've all had breaches of ethics and/or competence under their watch and should be thrown out of office.

Oh - that's right. We all had our chance to do so a short three months ago and decided 'change' doesn't apply to our own backyards. Too bad.

Best of luck to you, Brian. NO one should have to go through this. Certainly not at the hands of an arrogant and inept Asst. Prosecutor.

One more point - this is a great example of the adversarial relationship these 'justice' people are creating with the general public. It's a textbook lesson in how one should 'lawyer up' ANY time they are involved with LE on anything more than a speeding ticket. Cooperate? Not a chance....if there's even a HINT that you may be looked upon as someone on which they want to hang charges.

I'd bet a day's pay that Brian had no clue the statement he gave to the LEOs on-scene that night might come back to haunt him in a court of law.

Frugal... for a previous office I ran for, I used those exact quotations. I didn't think anyone else out there even knew they existed. my hats of to you. and you are very much correct. the prosecutors job is much different than a defense attorney. unfortunately in both Wayne and Summit County that appears to be overlooked on a regular basis. Thank you Bob for bringing this injustice to light, sometimes when one voice isn't heard, a thousand may be.

Bottom line is, Kellogg failed to yield the right of way.

The reason the BAC isn't allowed is because it's not what caused the accident, turning in front of the motorcycle is.

Someone made the comment earlier about not being able to pass at an intersection. Well, since M/C are allowed to ride two abreast in a single lane, it's kinda hard to argue that fact.

If you're going by the "letter of the law" rather than the spirit, then the prosecutors are doing their jobs.

Although, IMO, I think everyone has been punished enough and the case should be dismissed. I'm sure there are plenty of other cases they could be concentrating on.

If there was ever a case for jury nullification, this has to be it.

It's not too hard to believe a po-dunk court is screwing this guy over. This could happen to any one of us, and I credit you Mr. Dyer for bringing this to light. This is exactly the kind of thing that needs to be in the paper, because now this poor guy can't be victimized by the court.

Actually, the 'letter of the law' indicates the motorcyclist was illegally on the road, period. He shouldn't have even been occupying that space in time, so his BAC certainly is relevant and should be allowed.

Here's a hypothetical for you, Autocop. Let's say a criminal has just stolen a car and is fleeing police. The criminal enters an intersection, technically has the right of way, and a car coming from the other direction plows into him. Let's say, in this case, the criminal survives but the motorist who 'failed to yield' dies.

Are you REALLY saying the fact the criminal was in a stolen car and fleeing should NOT be allowed in a court of law? And would it really be the case that the dead driver was at fault - because it was he who 'failed to yield'?

That's the logic you are trying to sell.

Another EXCELLENT story Dyer!!!

"Someone made the comment earlier about not being able to pass at an intersection. Well, since M/C are allowed to ride two abreast in a single lane, it's kinda hard to argue that fact."

This could also be argued that the dead MCist was guilty of 'lane-splitting' - legal in CA but illegal in all other 49 states. I don't know the intersection well, but if there is no turn lane, ALL traffic from the rear technically should not 'go around' - utilizing the practice of lane-splitting or using the shoulder.

As a rider myself, there's no way I enter that intersection if it's only one lane in my direction. And if there's a turn lane? I'll enter it, but only after slowing WAYYYY down and establishing a sight-line with oncoming traffic so I can see what the heck they are about to do.

Anyone that drinks any alcohol at all and drives should stay out of the gene pool.

Do you think that if the motorcyclist had survived he would have been convicted of the OVI? Absolutely he would have, but the other guy would have been cited as well for failure to yield.

Bravo Autocop. You stated the facts. "Bottom line is, Kellogg failed to yield the right of way". Regardless of BAC he turned left in front of the other vehicle causing the accident.

...or a case of "misfeasance" by a public employee, Big "L"? Um...nix "failure to yield", AtuoCop..."improper lane change" being what it is.

I don't know how the people working at the Wayne County Prosector's office get up in the morning and go to work with a clear conscience! I agree with the person who said that when you drive drunk you give up your rights. Why hasn't someone in charge of the STATE OF OHIO stepped in to stop this injustice? Why is the evidence that this "victim" was intoxicated not admitted into evidence? And why has it taken so long for this story to hit the press???

i agree with the other reader these prosecutor should work 4 s.walsh it's just as bad as saying shotting someone 22 times is justified when their gun hasn'nt been fired once!!!!

I'd like to know why prosecutors are always unwilling to admit mistakes have been made and correct those mistakes BEFORE someone's life is ruined???????

Why is this even an issue. Motorcycle C not only was not legal due to drinking and driving, but he did not wait his turn at the intersection, he chose to pass the driver in front of him on the right before the driver in front of him cleared the intersection thus driver C had no clear view of the intersection and driver A was drug into driver C bad driving skills.

My 2 cents: Because it was a fatal traffic accident the courts think that someone must pay. If the guy survived they would be prosecuting him. Common sense tells us that sometimes an accident is just that, unfortunately we have no common sense in our governments.

NEOHBMWRider: I'm a rider myself, and I'm sure you're like me... don't trust anybody to do anything. I ride a chopper, and like any bike you're all-in on every hand. I say if you're out lane-splitting then you get what you deserve, because it speaks volumes about the other aspects of your personal approach to motorcycling.

@RU, that information was imparted to me by an ol' friend who is now a retired judge. His word carries a tad more weight than y'alls.

This should not even be an issue. As soon as driver C got behind the wheel of his motorcycle he was not fit or legal to drive and put so many peoples' lives in danger. Also, it sounds like this driver C did not wait until driver B was cleared out of the intersection to make a move and didn't wait his turn, that is, if he even stopped at all.

Personally, I think the 'two abreast' law for MCists in OH needs to be eliminated - pronto. Parade formation (two abreast) is an EXCEEDINGLY dangerous way to ride. NO room for error. Zero, zip, nada. I refuse to ride in parade formation, simply because you are putting your fate into the hands of someone next to you who may, or may not, be a competent rider. Most aren't. The general lack of skills (and common sense) exhibited in the motorcycling community is dreadful.

It is about time that this story has been brought to public light. I am a believer (perhaps naive in my thinking), that law enforcement and the justice system does look out for and protects the best interest of the public. However, this is a gross mistake by the Wayne County Prosecutor's office. In my opinion, it is a mistake so egregious that the citizens of Wayne county should call for the immediate resignation of the prosecutor. This is not a game in which a "win at all cost" strategy should be implemented, and any reasonable person can see that. There is no question that this entire accident has been a tragedy for everyone involved. My heart goes out to the family who has lost a loved one. However, Mr. Kellog in no way deserves to pay any penalty for this tragedy. This case is sickening and shows the incompentence of the Wayne County Prosecutor. I'm sorry to say, but anything less than the resignation of the Prosecutor is unacceptable.

Amen, Crime of the Century. Amen.

I want to know if a fund has been set up to help the Kelloggs with legal expenses.

If not already done, could somebody do that? I think we'd get a lot of donations from people.

Amen, Pat.

Incidentally, in the accompanying photo, doesn't Brian look an awful lot like Monk?

For the sake of decency for We The People, let's hope this murder of the justice system gets resolved in his favor.

If Brian Kellogg had a BAC of 0.228, that would surely not have been eliminated from the evidence! Who is going to tell my 8yr old, who just learned about city government, that the courts are not really interested in protecting the rights of individuals, but are there to interpret the laws THEIR way? Who is going to tell him that there is no such thing as a just and fair trial...that if the judge and prosectution doesn't like the outcome of the first trial, they'll try you again, until they get the outcome THEY want? I think it's a sad situation for Brian and Karen Kellogg and I am outraged that it has come to this. I think that Judge Milohan should step back and take a look at this nonsense and move on to something more worthwhile. (Nicely put Fix_It_Already!)

Wayne County's legal system has been backwards for years....here's to the good old boys network!

This is the most ridiculous thing I have ever heard of. No way should driver a be charged with anything!

I ride a Harley, and all I have say about this one is that if you do ride, you have no business having ANY alcohol in your system when you hop on that bike. I've been involved in several scenarios while riding where I am absolutely positive I would not have survived had I not been completely sober, with all my faculties and reflexes intact. Riding after drinking is a losing proposition. Period.

I believe it's always the fault of the SUV. Every accident seems to involve SUV's, with drivers who are clueless or think they're immune. In the old days, the worst drivers were young girls in red sports cars. Now the most dangerous are 40-somethings in SUV's who think they own the world. They drive 45mph thru residential areas commonly. They're usually always at fault.

And for those of you who insist on piling on Dyer, give it a rest, will ya? IMO, he's a talented writer, and in this instance the public exposure he's given this incident just may work in favor of Brian Kellogg, who I feel is definitely getting the short end of the stick here.

Blaming SUVs for everything is ludicrous. Next to drunks, the most lethal weapon on the roads today are people meaninglessly squawking on cell phones while pretending to drive.

All of my questions have been answered from the comments on here. Cut this man loose, NOW !! When it comes 2 the Prosecution, it's not about the truth, it's about a WIN. They want to win at any cost. They don't care about the TRUTH. It's wins vs loses. They don't want a loss, plain and simple...

amen timbo

This is ridiculous and needs to be thrown out. Wayne County needs to reimburse Brian Kellogg for his legal fees plus pain and suffering.

Kudos to Bob Dyer! He is one of only a few journalists who actually dares to "buck the system" and point out all the injustices in our little corner of the world. As for this terrible tragedy, my heart goes out to all the drivers and their families affected by this horiffic accident. What concerns me is how everyone seems to overlook that this is just a microcosm of what goes on in all of the cities and towns across this country every day. It is NOT just the courts and prosecutors in Wayne County or Summit County or even in Ohio - but all across the country. Our "justice system" is a joke! It is a terrible truth that the lawyers couldn't care less about what actually happened and who is or isn't at fault - all they are concerned about is putting their case in the "win" column.

Wow. Why on earth are they so hell-bent on trying to destroy this very obviously innocent man? Appalling. Wayne County really owes this man for the suffering they've put him through. I hope he gets his due justice.

Autocop: Before you present an argument, please make sure you are informed about your terminology. The definition of 'abrest' means side-by-side. The witness on the other motorcycle clearly stated that they were not riding abrest. As for Patriot76, you clearly have very little ability to think. I would respect an opposing opinion, but you can't even come up with that. You simply state that all SUV drivers are at fault for accidents. I think that is a well thought out point to make in a serious situation. As an SUV driver, I will be turning myself into the Akron Police department today at 5:00 for the obvious future crime that I will inevitably commit. I strongly urge all other SUV drivers to do the same as we are all criminals. I guess that we can conlude from your statement that all Harley drivers are drunks too right? If you have an opinion we are all adult enough to respect. Just don't say stupid things anymore.

A tragic accident. But "justice" would have meant this incident never being taken to court.

I think the prosector should be indicted for tampering with justice in calling the witness and telling

him to stay home.

How can a jury do it's job when vital information is supressed? Prosecutor Schumacher is only one

reason a lot of us "little people" hate lawyers.

My prayers are with you, Brian and Karen.

I wonder if picketing outside the courthouse on the day of the trial would be permitted. FREE BRIAN!

Hey Autocop and Razor--you sound like Wayne County Troopers. You think that alcohol had nothing to do with this accident? Isn't Wayne County the place where troopers were fired for cheating on their tests to certify themselves to operate breathalyzer equipment? I don't know what copy of the test was passed to you two, but a BAC of 0.228 IS A FACTOR. The letter of law states that an intoxicated person doesn't have the right to be on the road, much less the right of way.

Also an enormous waste of the defendant's money in my opinion.

Watching in Summit County . . .

Thank you. Being an Assistant Prosecutor can be a difficult job. There is pressure on all sides with competing interests: prosecution oriented judges (who will not necessarily allow dismissal on prosecutor's motion), the public to be 'tough on crime', your boss who is an elected official with policies in place precluding complete prosecutorial discretion, and from victims/accusers who want defendants 'to hang' for their alleged offenses (whether or not they can be proven BRD). Most of these aforementioned folks are not the ones who have any stake in making the choice NOT to prosecute, but who will, guaranteed, have a very loud voice should you make that decision erroneously.

Justice is a precarious proposition and not always an easy choice for a prosecutor to make . However, it is one that we MUST make everyday. I sleep better knowing that I give justice its due consideration...even, and especially, when noone is looking.

Interesting that commenting on the case would not be professional conduct but telling witnesses to stay home is not....

The article says "Driver C flies around the right side of Driver B". There is the biggest issue I see.

Even if C were sober, he still could have driving poorly and the same result would have occurred (on paper for this discussion anyway). Nothing ticks me off more than when people literally drive off the road on the berm to get around the car in front turning left. I have almost been hit by these jokers more times than I can count.

I'm curious to hear an officer's take on this.

The rider's BAC should definitely be included in the case. I don't agree that it absolves other parties for their actions. The rider who was killed passed the other rider (stopped at intersection waiting to turn). This is not riding 2 abreast, or anything else that some state is a violation of the road.

The car that turned into this rider's path did make a mistake, and did not yield to oncoming traffic. From what data we have been told, it doesn't say whether the rider who was killed was speeding. But being drunk would certainly have affected his ability to stop once the car turned.

NEOHBMWRider: I have to disagree though on across-the-board prohibition of 2 abreast, because it's a slippery slope... and we already have plenty of laws anyway. What if I'm with a buddy and we're waiting at a light? What if I'm riding with a buddy and we need to communicate something? As enthusiasts of the hobby you and I understand that riding motorcycles in pairs or groups is safer than alone, and I'm hesitant to support any law that might discourage it.

And what about two riders in staggered formation, who when viewed from a distance through a cruiser window would only APPEAR to be abreast?

Skilled riders can ride two abreast no problem, although truly skilled riders won't do it any longer than necessary because of how it cuts down on the space cushion. I'll agree that two abreast is a dangerous proposition in some cases, but certainly not all... and "all" is just what we'd get from such a law.

Patriot76 needs to be a little sharper than a bowling ball! AutoCop and Razor also need to get a clue. I know more than most about this case, and professional examiners state had the cyclist been sober, he had more than enough room to stop. If I were Brian Kellogg, I'd be filing a $1 million lawsuit against Wayne Co, the prosecutor and the judge for gross incompetence.

I have been hit twice or should I say i have had to different vehicles turn left in front of my motorcycle while riding sober and both times there was no way to avoid the impact. both times the drivers left me laying in the road and drove off. did they catch either driver? never. I was left with the bills, the insurance rate increase, lost wages. Is Kellogg unjustly charged? I dont know. I wasnt there. Our system is not perfect which is obvious with the possible penalty- If convicted, Kellogg could get as much as three months in jail and be fined $750. His license would be suspended for a minimum of three months and for as long as two years. If both drivers are sober this is all you get for causing the death of someone when it is your fault. I wish Kellogg the best but I have been on the losing side as well. I hope those drivers that hit me dont sleep at night.

i was involved in a similiar type accident. I was following a car turning left and from the other side a car was turning the other way and failed to yield to me and struck my car. The first thing the cop asked me is if I went out of my lane around the car in front of me turning left, which i did not. The cop was trying to find me at fault for being out of my lane passing illegally through the intersection, exactly like C did. However I was slowing and stayed in my lane and the other driver was cited for hitting me, but had I been out of my lane, passing illegally I would have been at fault.

Razor: as a rider I can appreciate what a nightmare scenario; I've often said you should legally be allowed to open fire on anyone who leaves you to die in the road that way. I hope life pays you back for your suffering in other ways.

I've been in accidents where I was at fault, and I guess it was luck or whatever but thank God nobody died. I wasn't criminally insane or out to hurt anyone, and I certainly wasn't drunk. Accidents do happen, although it's sad there are people who won't man up when they're the one responsible.

Likewise, I've been hit and once even driven off the road, by people who just sped away.

Sevenlitre, NEOBMW, Curly, have you ever investigated a crash, let alone a fatality? Yeah I didn't think so. I'm betting you don't have a clue. If I'm wrong, so be it and I apologize, but crashes happen for different reasons. The number one reason is driver inattention. The SUV driver failed to yield because he didn't see the other M/C coming up on the right side.

And yes I know what two abreast means. Are you trying to say it's illegal for a motorcycle to pass another in the same lane?

i wonder if the crooked judge white is related to judge white in millersburg,he thinks that he owns holmes co,you bring in out side lawyers,and they dont let you do your job,like i said the police dept is crooked,the judge is a minester,its all about money in wayne and holmes,

Thank you Bob Dyer for exposing the Wayne County judicial system. I cannot imagine the stress that both Mr. & Mrs. Kellogg must be going through. The accident was caused by alcohol, not Mr. Kellogg. The trouble with today's world is that no one wants to take responsibility for their own actions, but instead want to place the blame on someone else. Shame on the judge and prosecutor in Wayne County!!

If it is a one lane highway, then the one went around & passed is at fault. My understanding is when you drive you cannot change lanes in an intersection which was what the driver who passed was doing. He is at fault & should be held responsible. Case Closed.

Andre - before you get too high on your horse, the answer to your question is "yes", as a paramedic, I have worked fatal accidents, help investigate them, and lived for more than 35 years with the images of their carnage on my mind. All of you who are sounding off against Mr. Kellogg seem to forget one vital fact - had the motorcyclist not had a BAC of .228, he would easily have been able to avoid the accident. This fact has been affirmed by the toxicologist and accident investigators.

where was the other rider at in the lane. On the far right side of the lane. to keep idoit drivers from passing him on the right, like what had happened 2 time earlier in the day while he was driving home from work. lets put all the facts out there, Sorry Brian i hope this ends soon so you can try to put what you have left of a life back together.

Autocop and others....it seems to me that if both the SUV (A)and the Motorcycle (B) had already started their turns because the way looked clear, and motorcycle C illegally passed Motorcycle B on the right and ran INTO the side of SUV A, this is not a case of "failure to yield", it is a case of sheer stupidity on Motorcyclist C's part. Had he not been dead drunk, he wouldn't have put himself in that position, wouldn't have been speeding, would have been able to slow down, etc. My prayers are with Brian for an end to this nightmare.

Mr. Dyer has written an excellent article. I think there is one over-looked aspect. Where did Kenneth get drunk? In California, bartenders can be considered as partially responsible if they serve people when they can readily see they are drunk. So, where did Kenneth consume the excessive alcohol? If he was at a bar, they should cut him "off" well before he left. Are these laws similar in Ohio? In any event, good luck to Brian...maybe public opinion will help the due process of law to which he is fully entitled.

One motorcycle was sitting in a lane waiting to make a left hand turn. As a rider myself I would assume he was near the left side of the lane, or maybe in the middle.

The other motorcycle was approaching the intersection, and passed the motorcycle who was waiting to turn. Nothing illegal about that. Motorcycles take up about 1/3 of a lane, and we as riders are tought there are 3 positions for a bike wihtin a lane (left, center and right). So the other motorcycle had plenty of room to pass the bike waiting to make the turn.

So all of you talking about the motorcycle who passed and got hit breaking the law, going out of his lane etc. are wrong. I've been on rides with my friends before, and when we split up we often pull along side each other in the same lane and wave goodbye. If one rider is turning left, and I go past him to his right (still completely within my lane) I'm not breaking the law.

The issue here may have something to do with speed, but nothing I've seen mentions if the rider who was hit was speeding. My guess is the driver of the car did not see the other bike. Or thought that they were turning left like the other bike. So they started their turn thinking the road was clear.

Alcohol played a part in the accident, but so did the driver who turned in fron of oncoming traffic. I do feel bad for Mr. Kellog. But as another person posted, there are times when a motorcyclist is killed in these situations (they weren't drunk or breaking the law in anyway) and the driver of the car that hit them gets nothing more than a slap on the wrist.

"Just as Driver A and Driver B start their turns, Driver C flies around the right side of Driver B and crashes into the side of Driver A."

Driver A did not hit driver C, Driver C hit driver A. He crashed into the side of his car. And Driver B did not even see Driver C until the last instant. They were not riding together side by side, or passing by to way bye to a friend. C wasn't paying attention and did not bother to slow down and look while driver B turned in front of him.

Read the story again if you think the SUV driver was at fault. Obviously you ignored some key details. When the witness and the deceased's family are on Brian's side, we should really wonder why this is even an issue. The Kelloggs have suffered enough.

15 and 1/2 beers in an hour? I'm surprised he could even walk to his motorcycle.

This is a very good example of why the death penalty should be done away with.You hear more and more about unethical cops,prosecutors and judge everyday.The defendants lie the defense attornies lie the prosecutors lie and the judges can't be trusted, you have people that think that they are so smart that they can judge who is telling the truth and who is not.No way would I eer sit on a jury and try to judge someone.

"But as another person posted, there are times when a motorcyclist is killed in these situations (they weren't drunk or breaking the law in anyway) and the driver of the car that hit them gets nothing more than a slap on the wrist."

As a rider, I think we need to acknowledge these are two totally different situations. A left-turn-in-front-of-you-from-and-oncoming-car remains one of THE most common causes of wrecks between MCs and other vehicles. It is one of the most frightening scenarios a MCist can face (don't ask me how I know).

That said, IMHO we CAN'T divorce the fact that Shanklin (the deceased MCist) was pie-eyed drunk.

'Alcohol played a part in the accident'?!?!?!?

It played more than a part, it is THE pivotal factor in determining whether or not Shanklin should have even been on the road. Fact is - had Shanklin obeyed the law that day and found another form of transportation, he'd be alive today.

Century - actually, the 'two abreast' law IS law on the books - LOL. It's a special provision given Mcists and bicyclists in Ohio Revised Code section 4511 (got that from the AMA). We'd actually be REMOVING a law to do away with it - LOL.

FWIW - I have no problem with staggered formation riding. It certainly is a good way to increase your visibility when riding with others.

I'll have to agree to disagree with you about parade formation riding. Yeah - a MC takes only a third of a lane (as Steve pointed out), but it is totally unnecessary to give up that safety margin to maneuver within should an emergency situation arise. Staggered gives you the best of both - increased visibility and having the full width of the lane in which to work. JMHO

Been there, done that in the City of Cuyahoga Falls. The smuck that drove into my 1/2 ton van while I was making a left-hand turn into the Taco Bell on State Road in the Falls was charged with making an illegal/improper lane change; it was his duty to make sure the road ahead was clear before changing lanes! I was most definietly not charged with making an illegal left turn!!!

Thank gawd a few good folk stopped in the traffic at the time stayed around to provide a statement to the Police.

if you read what i wrote earlier you would have heard me say where DRIVER B was in the lane. The right side , Why was said driver B in the far right side of the lane? To KEEP IDIOTS FROM PASSING ON THE RIGHT. SHANKLIN is an Idiot. Sorry for telling the truth. He was never seen until fragnets of a second before impact.

Saddly the Justice "System" will prosecute you to the fullest even if weather were the fault and not your ,eh party.
Yesterday in Kentucky(Latonia) a car rammed into a bus which ended up inside a house with 15 school children.
The Bus Driver was "tested" for alcohol & drugs .
Commies ,huh ?

Kind of funny here that none of the facts from the accident are listed in this article. Kenneth Shanklin skid for 74 ft. with no more than 1 inch of variance to the left or right before hitting into the side of Kellogg. Pretty much tells me that a rider who is not in total control of his bike could keep these variances. Mr.Shanklin saw this accident coming and kept his bike in total control. Bottom line here is that Brian Kellogg turned left in front of Kenneth Shanklin. Brian, Do you remember saying....I never saw him???? It is no wonder you can't sleep at night when you know who caused this accident. No matter what, God witnessed this and no matter how this comes out an innocent man lost his life from this and will never be able to tell his side of how this happened.

So Mr. PETERS (JeffeyV10)let's get the truth out NOW. How many times JEFF, are you going to change your testimony. 3 different times you have changed your story. If you were on the right, Mr. Shanklin would have hit you according to where his kid marks were. Why did the jury laugh at your testimony in which the jury found Mr. Kellogg 7-1 guilty not 7-1 acquitted.

"Kenneth Shanklin skid for 74 ft. with no more than 1 inch of variance to the left or right before hitting into the side of Kellogg. Pretty much tells me that a rider who is not in total control of his bike could keep these variances."

You couldn't be more wrong from a rider's standpoint. A 74 ft dead straight skid simply means he mashed on the foot-pedal rr brake enough to lock it up and the inertia/momentum of the bike kept him straight.

Bikes are basically gyroscopes. Once they get moving, the can stay upright pretty much on their own. They also like to go dead straight on their once up to a speed of more than 15 mph or so due to the trail built into the front steering geometry. The real challenge of control is not in how straight you can pilot a bike (for it already wants to go straight ahead anyway ), but rather how quickly, and aggressively, you can turn a bike while maintaining control. Swerve and avoidance is the hallmark of a skilled rider. Any novice can mash the rear brake as hard as he can and get the bike to skid straight. It's what the bike wants to do of its own accord.

WJ--NEOHBWRrider is right. When hard braking with both front and rear brakes the wheels are locked and the skid mark will be straight.
You said Mr. Shanklin saw this accident coming and kept his bike under control? Then why did he not slow down and avoid the accident? A non-impaired driver would have been able to avoid hitting Mr. Kellogg. This has been proven by a forensic toxicologist and reconstructionist and should have been allowed in court. Drivers have a responsibility to avoid an accident if it is possible--regardless of fault. You can't just hit someone when you should be able to avoid it.
The law regarding passing on the right states that the pass can only be made when it can be done with safety. He did nothing to assess safety when he was making his pass on the right through the intersection. And, is it SAFE to even be on the road with that BAC?
Regarding Mr. Peters--he said he didn't see him until the last second when his headlight flashed in his mirror. He said Mr. Shanklin was riding like a bat out of h*ll when passing him on the right. He did not change his story three times. The jury did NOT laugh at his testimony. The jury WAS 7-1 for acquittal and none of them appeared to be laughing.
There is no denying that this is a tragedy, but Mr. Shanklin chose to drink the equivalent of 15 beers in three hours and get on his bike, without a helmet, traveling at a high rate of speed, passing another on the right in a no-passing zone with no regard for safety. That doesn't sound innocent to me.

Lane sharing and lane splitting are 2 different things. In CA lane splitting law was passed to deal with traffic jams on interstate highways. You can go between lanes, cars, trucks on a motorcycle if traffic is backed up and slow, this was so aircooled motorcycle didnt over heat and self distruct.

Lane sharing is riding 2 abreast. Something I wont do unless I know the person and we talk about it before the ride.

racy says WOW(@@)

Prosecuter Schumacher is the best prosecuter to ever hit Wayne County and Judge Millhoan has nothing nothing but good for the people of the county. Schmacher ONLY fights for the right side of the situation!! She would never fight for something that she did not think was right! I have studied her cases since she has been with Wayne County. Ignorance is key in this situation because anyone who does not understand the accident or the law would be a fool to make comments against the county.

First, Lobsterclaw, to say that the troopers did not believe that kellog was at fault at the scene is incorrect. Troopers do not know who is at fault until they fully complete the report and investigate the crash. They are trained to know when someone is and or is not drunk, if kellog would have been drunk, they would have known right away.

Alcohol is not always a factor! how many of you drive home drunk in perfect condition serveral times a week? How many of you have drinks and then drive home? Alcohol effects us all in different ways and if that trooper got on the stand and then said that it did effect shanklin, that would be a lie because it might not have. and that trooper is under oath.

Alcohol is not a factor here, what is a factor is that kellog failed to yield, failed to know the traffic law and that motorcycles can in fact ride two per lane and therefore cost a man his life.

This is very unfortunate for kellog and his family and i do believe it was purely accidental, however, it is his fault.

Study the case and you will see that. And before you say things against the county...remember...dont be hypocrite...

it was not shanklin's job to stop in time! had he not been drinking he would have stopped in time and saved kellog from getting a failure to yield ticket...but it was not shanklin's job to stop because he didnt have to! kellog was the one who was turning left and he needed to yield and did not.

Razor and Autocop are both very intelligent! I agree with you both.

I am just sick about how schumacher, millhoan and the wayne county troopers are being treated. they fight for you, the people, everyday of their lives. Schumacher lives a very stressful life to fight for the innocent and this is how we repay her? the troopers of the county risk their lives to keep the roads safe for everyone, but we ridicule thier judgement? They go through an excruciating 6 months of training and various other training every year, and yet we think they do not know what they are doing? As if all of wayne county just wants to bring down kellog for no reason? I am afraid that is not how things work. You are all very sadly mistaken. We should be standing by the people who fight for us and protect us and trusting thier judgement. we are not talking about a defense attorney, but rather an under paid and over worked dedicated prosecuter. get with the program people! i feel bad for all of you when you life falls in the hands of a state trooper or your honor falls in the hands of schumacher!

Mr. Peters testified (these are his words) I had been passed by people on the right all day. I made up my mind at this intersection NO ONE was going to pass me on the right. I was going to park my bike on the white line and if anyone attempted to pass me they would be DITCHED! He also said just prior to the accident he wanted to open his pipes and was doing 70 MPH on that same road. He had his tempoary permit.hmmm, who is an idiot? Why didn't the plan ditching someone work? I wonder how or what he seen in his mirror PARKED on the white line, as the two drivers waved each other to go. Mr. peters and Mr. Kellogg were focused on each other and not the Entire intersection.Please tell me if his bike was on that line HOW did ANYONE pass him on the right? How could he have all those plans and know how Mr. Shanklin was driving? Mr. Peters saw a light in his mirror when? It had to be when he was PARKED on that line. Mr. Peters said he checked his mirror ALL the time and didn't see him until he saw Mr. Shanklin's light. Mr. Kellogg stated to the police I DID'T SEE HIM! There is no wonder THE MAIN WITNESS was notified not to come to court.

Herman Watson - I am going to agree with you on one point on your posts... The finger should not be pointed at the troopers. They did a thorough job at the scene even though they didn't test Kellogg's BAC. If Kellogg had even one drink, they would have detected it and definitely breathalyzed him. Brian Kellogg doesn't drink and his sobriety has never beenn in question. You can bet though, that if Kellogg's BAC was over the limit, Schumacher would not have excluded it from the evidence and would have paraded it around the court.

You stated that "alcohol effects us all in different ways..." Tolerance is a myth!! People under the influence of alcohol only THINK they can drive better - - a false confidence. Also, referring to your point that people have a few drinks and drive home... "a few drinks" is a WORLD of difference from 15 1/2 beers in three hours and then driving a motorcylce. Fellow cyclists on this post have agreed.

You stated: "had (Shanklin) not been drinking he would have stopped in time ..." I agree with your assertion whole-heartedly! As you yourself suggested here - alcohol made all the difference between a fatal accident and no accident at all. You said it wasn't Shanklin's job to stop?? Are you suggesting that a motorist can hit someone just because they can? If someone pulls out in front of me, I can just plow into them with out slowing down? WRONG! Drivers are responsible for avoiding accidents if at all possible. Mr. Shanklin should be held to the same expectations as sober drivers. If a sober driver could have avoided this accident - which experts have proven WOULD be the case - then alcohol is most certainly a factor!

Mr kellogg should have made sure the intersection was clear.

He assumed both bikers were turning.

First Mr Peters says he saw the other biker, driving recklessly, then he said he didn't know he was behind him til the last minute?

As far as a fund for the Kelloggs goes, I'm sure they are trying to get the money together in other ways......right or wrong.

guymd - What in the world are you implying by the remark, "I'm sure they are trying to get the money together in other ways......right or wrong." ??

Herman Watson - - Regarding Prosecutor Jodie Schumacher, there are other questionable things that she did that were not mentioned. She waited until the afternoon before the trial to notify the defense that the alcohol evidence was being excluded. The case had been developing for 7 months, yet she waited until the 11th hour to file the motion to suppress. She also intentionally neglected to provide the certified copy of the BAC test that the state is required to provide in discovery. She did not give it to the defense until the morning of the trial when the issue was discussed with the judge.

The "best" prosecutor in Wayne County?? Fights for the "truth"?? Then please tell me why she would do her unethical best to exclude the truth! If she truly believed that alcohol wasn't a factor, why would she fight to suppress this "irrelevant" evidence?

Further, Mr. Watson - - You condemn the many bloggers that agree that Schumacher acted inappropriately? She did everything the article stated and more. I have respect for the many ethical prosecutors who fight for justice every day but I am not a "hypocrite" if I do not think she is one of them. You think she doesn't deserve the treatment she is receiving? She made her own bed. Had she not excluded valid evidence and witnesses and denied a man his right to a fair trial, this story would not even be newsworthy... Bob Dyer wouldn't have taken the time to research all aspects of this case and expose this injustice... two major Cleveland news stations wouldn't be planning to bring their cameras to the next trial... MADD wouldn't be sitting on the side of the DEFENSE for the first time. Her questionable conduct will prevent her from ever seating an unbiased jury. Any juror with knowledge of this case will wonder if she is again hiding evidence and witnesses of that defendant. I just don't see how she can continue her practice in Wayne County.

You condemn the many bloggers that agree that Schumacher acted inappropriately? She did everything the article stated and more. I have respect for the many ethical prosecutors who fight for justice every day but I am not a "hypocrite" if I do not think she is one of them. You think she doesn't deserve the treatment she is receiving? She made her own bed. Had she not excluded valid evidence and witnesses and denied a man his right to a fair trial, this story would not even be newsworthy... Bob Dyer wouldn't have taken the time to research all aspects of this case and expose this injustice... two major Cleveland news stations wouldn't be planning to bring their cameras to the next trial... MADD wouldn't be sitting on the side of the DEFENSE for the first time. Her questionable conduct will prevent her from ever seating an unbiased jury. Any juror with knowledge of this case will wonder if she is again hiding evidence and witnesses of that defendant. I just don't see how she can continue her practice in Wayne County.

The case, right or wrong.

The Kelloggs have never asked for a dime. All they are asking for is a fair trial and the evidence and the witnesses to prove Brian's innocence. What do you mean get money in other ways? Explain yourself...

i did, the case.

Lets see, pulling together all their resources, friends, family, donantions from businesses?

As the previous poster asked..has anybody started a fund for this? Thats all.........

Well schumacher did not provide the BAC test because IT IS NOT VALID EVIDENCE!!! the case is a question of Brian Kellog's failure to yield! If I am driving and not turning or stopping, then I am driving. Kellog should have watched where he was going and what he was doing.

Its not about kellog asking for a dime or not.

It is sad that the other driver was drunk and it is sad that a poor local family is being blamed, but it is kellog's fault.

Madd always sits on the opposite side of the drunk driver.

and Dyer's investigation was not all the extensive.

Why would Schumacher only want to bring kellog down? Schumacher basically works for the state patrol in this case. What they tell her is what she does and trust me the state patrol has studied this case extensively and have came to the conclusion that kellog was indeed at fault. because he failed to yield, he killed someone...sad, but true.

Why would Schumacher only want to bring kellog down? Schumacher basically works for the state patrol in this case. What they tell her is what she does and trust me the state patrol has studied this case extensively and have came to the conclusion that kellog was indeed at fault. because he failed to yield, he killed someone...sad, but true.

Mr. Watson--The BAC test was certified by Dr. Paul Boggs. He is a Ph.D. toxicologist and stands behind his results. In fact, he has done numerous BAC tests that the Wooster prosecutors have used in their cases. The BAC report IS valid. The test was filed as a fact of the case and was requested as part of the discovery. It is Jodie Schumacher's job to provide the discovery requested by the defense. Even the judge agreed! It is NOT her job to pick and choose and only submit the facts that support her case. That is misconduct.
The accident report submitted by the State Patrol was filed prior to the BAC results. The idea that they did not investigate further to see if the impairment would have changed the outcome is what is in dispute here. They have been wrong before! There are two sides to every story, and denying Brian Kellogg the right to present his evidence and witnesses is wrong.
You also stated that MADD always sits on the side opposing the drunk driver. You are right! Why don't you call the Executive Director of the Cleveland MADD chapter and ask her how many times they have supported the defense? You will find that this is the first case they can reacall sitting with the defense. This is the first case they know of where the prosecution is defending the actions of a drunk driver.

Didn't Mr.Shanklin skid (with control) (little variance) 74ft? Just aking.

guymd--Yes he did skid that distance. As previous bloggers mentioned that during hard braking, with both front and rear brakes fully engaged, the wheels will be locked and the skid will be straight--drunk or sober. The little variance of his skid does not suggest he was in control--it is what happens when the wheels are locked. In fact, if you re-read NEOBMWriders post, it gives an excellent explanation as to how the straight skid suggests he did not attempt to swerve and avoid the accident.

Touchy Touchy!

Too bad Mr Shanklin can't tell his side of the story. Maybe he didn't swerve, because he was in shock over Mr Kellogg turning infront of him.

I'm wondering also, how Mr Dyer investigated this story. It sounds alittle one sided if you ask me.

Its too bad that Mr kellogg caused*someone to die, I wouldn't wish that on anybody.

He should have just admitted guilt right away, and he wouldn't be going through all of this.

Sorry if this duplicates, but there is a posting probem with the Beacon. I see it happening to others, too.
Mr. Dyer researched this story by reading the police report, verifying facts, and getting statements from all parties, including the Shanklins. If the prosecutor had taken the opportunity to comment, then maybe it wouldn't have sounded one-sided. Schumacher claims "proressional conduct" prevented her from commenting? What she is actually saing is that her boss, Martin Frantz, does not exhibit professional conduct since he had no problem commenting on this pending case in the Wooster Daily Record. Bob Dyer did a thorough job writing this story and doing his bes to present all sides.

Even if Mr. Shanklin had survived, there is a good chance he wouldn't have been able to tell is side of the story. At a 0.228 BAC, speech is affected and one cannot speak coherently. That BAC level is also called the "blackout" zone and is associated with passing out and memory loss. There is a good chance he wouldn't have remembered what happened. Swerving and avoiding an accident is a reflex--and reflexes may not function at his BAC. I too wish Mr. Shanklin could tell his side. Then we would all know why he chose to drink so much before riding his motorcycle and why he didn't even try to avoid an accident that was avoidable.

If Mr. Kellogg was at fault, he would have pleaded accordingly. The experts who reconstructed this accident prove otherwise. Mr. Shanklin caused his own death by driving with severe impairment, making an unsafe pass on the right, and hitting someone when he should have been able to avoid them. Nobody wishes death on anybody, but that doesn't make it Kellogg's fault. If he wasn't impaired, the accident never would have happened.

BTW guymd--regarding your previous ridiculous post--Many of Brian's family and friends, myself included, have tried to convince him to file a hefty lawsuit against Wayne County for the conduct of the prosecutor, and blatant denial of a fair trial. Brian refuses. He doesn't want money--he just wants a fair trial and the chance to include all valid evidence and witnesses to prove his innocence.
The idea of a legal fund was made by a random blogger who obviously wants to help Brian fight this injustice. We asked Brian for his opinion on a legal fund and he made it clear that he is not comfortable with the idea. And I don't know where you got your nonsense about business donations.
And, YES, Brian has gotten tremendous support from family, friends, and the community. I'm sure if it was your life on the line, you would want the same.

Did the toxicology report say if Mr. Shanklin was on any prescribed medicane, that also could have led to such a high reading?(mix)

I also thought that all parties in an accident were given a breathilizer. Why wasn't Mr. Kellogg?
I know from the previous post, it said if* the troopers thought he was drinking also, they would have given him one. But if it is Standard Procedure, why wasn't it followed?

Even one beer can make someone seem drunk, if the test is given right after they drink a beer.

The rest of the toxicology report was negative for prescription and/or illegal drugs.
Mr. Kellogg would have had no objection to a breathalyzer, but he was not asked. I also thought it was standard protocol for an accident of this nature. I believe they should have, but they didn't.

Wooster Prof You need to cut back on your coffee.
I'm sure Mr Kellogg is about to fall out all over the place.
You seem to have all the answers, so go on, keep spewing. You like to bite peoples heads off if they have their own opinion. Sure people are going to disagree with you, on alot of things, thats the beauty of public forums, wouldn't you say.

I never wished Mr. Kellogg any ill will. All I said was he should have confessed to turning left infront of Mr Shanklin, and this circus would not be happening.

Everyone keeps belittling the Wayne County Prosecuter, isn't that the way the game is played. You don't let the others know what you have up your sleeve? Don't put all the cards on the table, til the right moment?

Frustrating isn't it?

I know a concerned Blogger asked about a fund for Mr kellogg.then you jumped me for my statement.......you didn't understand what I was saying and thats alright. So I had to explain myself That instant.

You need to calm down alittle so you can support your friend without busting a nut!

Wooster Prof; I am responding to your recent comment. ("This is the first case they know of where the prosecution is defending the actions of a drunk driver." - Wooster prof.) ACTIONS? What actions? Mr. Shanklin TRIED to STOP. Do you know where Mr. Kelloggs SUV was hit after Mr. Shanklin HAD skidded for 74 ft? As said in the courtroom that day, the facts were Mr. Shanklin's body hit Mr. Kelloggs SUV in the passenger side window. If you think about Mr. Shanklin's reaction, this is where I said he knew (seen)this accident was coming. He was on the brakes for 74ft. This is a very unfortunate accident. However, bottom line. NO MATTER WHAT. Mr. Shanklin TRIED TO STOP. You can say all you want but, the State Patrol has already found that there was nothing more Mr. Shanklin could have done to avoid the accident. People can go on & on about forensics or whatever. If a person on a motorcycle is not in total control, that bike in a skid WILL NOT continue to go in a straight line. Only the person in control can do this. The police even stated that Mr. Shanklin KNEW HOW TO RIDE A MOTORCYCLE! There was no doubt about that. The State Patrol has concluded whos fault this was after a full investigation. Mr. Kellogg ALREADY ADMITTED I DIDN'T SEE HIM. MR. Kellogg turned left in front of Mr. Shanklin. The LAW is the LAW. Mr. Shanklin was driving drunk. However, he didn't kill anyone.... Mr. Kellogg DID. How can you be completely sober and not see him? Mr. Shanklin did not cause his own death. Mr. Kellogg turned left in front of him. END OF STORY.

The State Patrol did their investigation and the defense did thiers. Forensic evidence doesn't lie. Mr. Kellogg didn't see him because he was perpendicular to the intersection and already partially on Fulton Road when Shanklin came barreling through.
Of course there will be two different opinions on who is ultimately at fault. Both sides should be presented to a jury--let them decide who is at fault. That's the way the justice system is supposed to work--unless you're in Wayne County.
The LAW is the LAW?? How about the LAW about driving drunk? Mr. Shanklin had no right to even occupy space on the road. Maybe Mr. Kellogg couldn't dodge a drunken motorcyclist flying through an intersection, but at least he was a lawful user of the highway.

Lets say, the motorcycle driver wasn't drinking.
Would Mr Kellogg admit guilt?
I know people have accidents all the time, it happens.
But the truth remains Mr Kellogg turned left infront of the path of an oncoming driver.
Why are you people trying to say he did not cause this terrible accident?

guymd--I am saying Kellogg didn't cause the accident because that was the conclusion of the experts. Yes, Kellogg turned left, but that is NOT the whole story--not by a longshot. As you stated before, we all have our opinions. Let a jury hear ALL the facts and decide!

Kellogg stated he did not see him... more than likely b/c he was behind the suv that was turning. m/c illegaly passed that suv and hit kellogg. let's not forget to add that he completely drunk at the time. you cannot yield to a vehicle you do not see. and if you posters do not believe that the only reason the m/c flew around the suv was because he was drunk than you all are idiots. the alcohol was the proximate cause of this action and is a plausible defense. if this goes to trial and for some reason he is convicted it will be overturned in a heartbeat. kellogg was not given a bac test because clearly there was no probable cause that he had been drinking. you do not punish law biding citizens for the reckless behaviors of a man who couldn't obey the law and not drink and drive. end of story.

HERMAN WATSON IS THE ONLY ONE THAT HAS HIS HEAD ON STRAIGHT.#1 IF YOU PPL AT ALL KNEW KENNY YOU WOULD KNOW HE WAS NOT AT ALL DRUNK. HOW MANY OF YOU HAVE GONE TO A WEDDING ETC, AND HAD A "FEW DRINKS" AND THOUGHT OH IM FINE TO DRIVE HOME. WELL THERE YA GO BE HONEST. I KNOW HE WAS NOT DRUNK. AND FOR PETERS WELL HES A LIAR. OBVIOUSLY IF YOU WERE AT THE COURT HEARING YOU WOULD OF SEEN THAT!!!! AS FOR THE PROSECUTOR I THINK SHE IS DOING A GREAT JOB!!!! AS FOR THE TROOPERS THE ARE NOT SHOWING ANY FAVORTISM AT ALL FOR KENNY SHANKLIN. IF ANYONE KNEW HIM AT ALL THEY WOULD KNOW THAT. IT BOILS DOWN TO THAT SOMEONE PULLED IN FRONT OF HIM . HE FAILERED TO YIELD. AND AS FOR THE KELLOGGS WELL HE FEELS NO PEMORSE I SEEN THAT AT THE COURT HOUSE. THERE DRIVING RECORDS SHOW HOW THEY DRIVE IRRATICALLY ... LOK IT UP!!!!!! IVE LOST A LOVED ONE BECAUSE OF THIS ACCIDENT AND IVE SEEN HOW PPL REACT. AND ITS WRONG!!!! MOTORCYLES ARE EVERYWHERE AND YOU NEED TO OPEN YOUR EYES.

THE JUDGE SHOULD OF JUST SAID WELL TEHRES ONLY 1 JURY WHO THINKS HES NOT QUILTY I SAY IM GOIN WITH THE 7 WHO THINKS HE IS...

Just as an FYI...

At the intersection of 57 and Fulton Rd. 57 is one lane in each direction. So if Kellogg and the first motorcycle are each waiting to make left hand turns, there is no "whip around" lane to the right to go around; you have to wait for the vehicle ahead of you to go.

gak

Except a motorcycle does not occupy the entire lane like a car does, so the motorcycle that got hit went around him.

Some of what I'm reading here seems to indicate that the motorcycle waiting to turn was to the far right of the lane. (Because people kept passing him on the right during that ride, and he was going to stop that.) So I'm not sure where the motorcycle that got hit passed him.

PS Just because the motorcyclist was drunk, does not automatically put him at fault, or remove all other rights that he had as an operator of a motor vehicle on the road.

harleygrl01: my heart goes out to you and your family during this tough time after your lose. You are in my prayers

Steve,

Not to be too argumentative, but a vehicle that is LESS visible is allowed to pass a motorcycle on the right b/c he/she isn't taking up the entire lane? Geez...
They weren't 'riding abreast' to begin with so they should be considered as two separate vehicles...

And that's why the first jury voted 7-1 to acquit Driver A

Thank you for posting Harleygrl. Now, how about learning to read before you post total fabrications?

Even Shanklin's family feels for Kellogg. One of the victim's three brothers stopped by Kellogg's house two weeks after the crash to offer moral support and to say the family didn't blame him.

Another brother, Howard Shanklin of Orrville, says the family doesn't believe the manslaughter charge is warranted.

Further proof that Harleygrl isn't who they claim to be.

Are you people paying attention..do you know why THIS story all of the SUDDEN, is in the paper/ on the internet? This happened in April 08.WHY NOW????

All the people that should have been included in this article, were left out! Kind of funny wouldn't you say.

Very bias!!!!

LOBSTERCLAW. I THINK YOU SHOULD GET YOUR FACTS STRAIGHT WE TALKED TO TEH JURORS AND THAT IS NOT TRUE I THINK YOU SHOULD GET YOUR FACTS STRAIGHT FIRST!!!!

AND OTHER ARTTORNEYS AT THE HEARING AS WELL TALKED TO THE JURORS. AND AS FOR LARRY, PEOPLES ACTIONS CHANGE ONCE THEY KNOW THE TRUE ACTIONS OF OTHER PPL. I AM WHO I CLAIM TO BE . EVERYONE ON HEAR EXCEPT FOR A FEW NEED TO GET THERE FACTS STRAIGHT AND THE LAW!!!!!

"All the people that should have been included in this article, were left out! Kind of funny wouldn't you say."

guymd: Who was left out? You? Shanklin's relatives, Kellogg, involved authorities, all were included and quoted...the reason it is being brought up now is that the new trial is upcoming...

harleygrl01: apparently you missed the article itself..."However, despite the prosecution's best efforts to prevent the only impartial eyewitness from testifying, you would have heard from Driver B that Driver C was driving recklessly. And that's why the first jury voted 7-1 to acquit Driver A..."

"IF YOU PPL AT ALL KNEW KENNY YOU WOULD KNOW HE WAS NOT AT ALL DRUNK." .228...

Gak don't you know.........there is always more to a story than is presented.

The article is Very Bias....
maybe there was more going on with Kellogg at the time of the accident, which could have distracted him, he didn't see the other motorcycle, coming straight, with the right of way, BTW, so he turned infront of him.

Shanklin tried to stop. That distance proves, that Someone pulled infront of him, alcohol or no alcohol.

Why on earth would I be questioned for the article?

Its not like this article wasn't brought out now, right before the trial, so that everybody would feel bad for the guy.

It is a sad situation, I'm not saying it's not.

WELL IM DONE ARGUEING WITH IDIOTS I KNOW IN MY HEART WHAT IS TRUE!!! AND I DONT CARE ABOUT THE REST OF IT. NOT GONNA WASTE MY TIME.TALK ALL YA WANT . LIE TO YOURSELVES. ITS OK!!!!!

ARTICLE THE ARTICLE IS ONE SIDED.

Gak...yes the article was brought out now, just before the trial....to show what a good guy Kellogg is.
Seems to me by most of the posts, its a little "network" thing going on. So whats the regular Joe supposed to think while reading all the pitty for the guy.

Yes its a sad situation, but theres always more to the story than is presented.

Why weren't the Shanklins involved in this story?
What was distracting kellogg that day, why wasn't he given the breathylizer test?

Shanklin tried to stop. If you look at the distance, 74ft, thats not alot of time, when someone pulls infront of you, when you are going straight and have the right of way.

guymd: apparently the ABJ has a character limit on replies; I tried twice to no avail.

Like you, I feel for all the parties involved.

The right of way/pass on the right rules are definitely open to interpretation with respect to this situation, esp. the parts regarding space on the right and immediate hazard (how far back was Shanklin when Kellogg started his turn, did Shanklin brake immediately given his condition, etc.)

link to the traffic code:
http://codes.ohio.gov/orc/4511
they are 4511.28 and 4511.42

Peace...

~~~~~~ W O W ~~~~~~~~~~~
this is getting interesting.

can't wait to hear more of those kind of facts!

helloitsme are you sure you shouldn't put a hyphen between the Hell and Its ME ?

if you have all the facts lobsterlaw,
why didn't you comment on the factual charge of disorderly conduct that occured in the residence of Jack Brill and Cynthia Hornbeck?

If Mr Brill had to buy product for the job, and you say he worked on it (twice), how can you say that he excepted money for work he never intended to do? or were the kelloggs just never happy with anything, that (anybody) did to the vehicle?

Doesn't an insurance company have to approve the shop that is going to do the work?

Apparently Mr Brill had a good reputation for his work, and had what he needed to do the job to the best of his ability, per the insurance company.
i would imagine with that kind of accident, that the vehicle should have been totaled.

HELLOITSME- THANK YOU FOR THE INFO!!!!

OOOOHH SOME SORE SPOTS WERE TOUCHED...OBVIOUSLY. WHAT HAPPENED TO FREEDOM OF SPEECH? CENSORSHIP HU? MR.KELLOGG, YOU THINK YOU ARE SLICK.

harleygrl101...my prayers are with you and your family.

several peoples comments were erased on here, they were about Mr> Kelloggs character, kinda weird that they all disappeared isn't it.

Hey Lobsterclaw: where did you go?

LC: were did you go?

My prayers are with the Shanklin family

hey, where did everybody go?

MY PRAYERS ARE ALSO WITH THE BRILL FAMILY. WHAT HAPPENED TO EVERYONE?????

Curious to say the least?

Thankfully, I found and read all of the other GREAT cases MR. Kellogg is involved in before they were mysteriouly erased!!
UNBELIEVABLE!!
If this guy gets off of ALL of these cases, he is one heck of a lucky guy!! He needs to just plead guilty to this case...HE WAS WRONG!! HE hit the MOTORCYCLIST, not the other way around - and I do agree with the earlier post, of course the BA was not included in the first case due to the fact that it did not cause the accident.
Then there is other cases that he is involved in that apparently no one is supposed to know about!
My heart truly goes out to the Shanklin family and the little known Brill family also. I really hope all ends well with these cases and justice is TRULY served.

hps I'm sure the families Truly appreciate your words and thoughts.

It was quite a mystery, as to why all those posts were erased..or is it?

How come everyone that was defending the kelloggs disapeared and arent saying anything now??? Hmmmm I smell a conspiracy...doesnt take a brain to figure out that all the screen names were fake and coming from one or two sources...I suspect two people of this...CAN YOU GUESS WHO??

AND WHO PICKS AND CHOOSES WHAT GOT DELETED FROM BEFORE?? APPEARS TO BE, THE ONLY ONES WHO ARE ALLOWED AND OPINION ON THIS PAGE ARE THOSE SUPPORTING THE KELLOGGS...DONT THOSE OF US WHO SUPPORT THE SHANKLINS AND THE BRILLS GET TO SAY WHAT WE WANT TO SAY?

I THINK EVERYONE SHOULD LOOK INTO THE COURT CASES CONCERNING THE KELLOGGS IN BOTH WAYNE COUNTY AND BARBERTON.

Depending on how the website is set up, either a moderator from ABJ/Ohio.com determines whether they are appropriate or not OR perhaps if someone clicks the "Report Abuse" button the "Powers that Be" look into the posts.

hps, was it ever reported somewhere (online, otherwise) the orientation of the vehicles when they collided? I would be interested to know that. If the impact was on the front of the SUV you are right Shanklin was hit; if on the side, he hit the SUV (not stating fault here, just geometry).

Peace...

gak:
If you read the earlier input, I believe one of them has all the info...but in a nut shell..YES, Mr. Kellogg hit Mr. Shanklin. Shanklin was in the process of turning and Kellogg cut right in front of him - it was a t-bone like collision, BUT it was only because Kellogg cut off Shanklin.

Point 1:
"4511.42 Right-of-way rule when turning left.
(A) The operator of a vehicle, streetcar, or trackless trolley intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle, streetcar, or trackless trolley approaching from the opposite direction, whenever the approaching vehicle, streetcar, or trackless trolley is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard."

Point 2:
"4511.28 Overtaking and passing upon the right of another vehicle.
(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions:
(1) When the vehicle or trackless trolley overtaken is making or about to make a left turn;
(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(B) The driver of a vehicle or trackless trolley may overtake and pass another vehicle or trackless trolley only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway."

The CAUSE of the accident was failure to yield when turning left. Could the motorcyclist avoided the crash if he was sober? Maybe - maybe not, but it wasn't his duty to yield. I would hazard a guess based on the skidmark, that the drunken fool locked up the back brake and never touched his much more powerful and effective front brake (the old "layed'er down" school). The driver of the SUV failed to yield and caused the accident. Simple question that seemed to be overlooked in the article, Would this accident have occurred if the SUV didn't turn across the path of the motorcycle? Bob, I like most of what and how you write, but you missed big on this one.

Amen to you HONDACBX!!!!!

I feel everyone should stop debating this issue and instead focus your energy on praying that our justice system be giving the wisdom to do what is right by the hand of God, not man.

We should all be praying for all those involved in the tragedy's caused during and after the horrible accident.

All is in God's hands

hps: Just for clarification, earlier posts (and the article and, apparently, the police reports) had Shanklin going straight, not turning...

Hondabcx: thx for posting the traffic code info; I tried yesterday and it kept bouncing.

Part of the problem (imo as is all of the discussion posted here) is with how motorcycles are viewed (and m/c drivers view themselves). Shanklin was not riding abreast of the other m/c. Rte. 57 is one lane in each direction w/ no turn lane. If these were cars, you are not allowed to pass on the right unless there are two or more lanes in your direction. Since Shanklin wasn't initially riding w/ the other bike, shouldn't he be considered a separate vehicle? M/C riders shouldn't be able to randomly choose to 'pair up' w/ another bike, esp. entering an intersection where they are going separate directions.

Has anyone seen, Wooster Prof?

Probably out having a cup of coffee with his other friends on here, because they aren't on here either.

Plan and scheme, scheme and plan.

We must have a Plan!

Ya know there was alot of good stuff on here......what happened to it?
Guess we need to search elsewhere, for now.

"Simple question that seemed to be overlooked in the article, Would this accident have occurred if the SUV didn't turn across the path of the motorcycle?"

To play devil's advocate, that same question can be asked of the MCist. Would this accident have occurred if the MCist had, after drinking enough to exceed the legal BAC limit by a factor of almost three, chosen another, legal, mode of transportation home?

You know, MCists get all high and mighty when a drunk driver kills one of their own. MC blogs and forums are full of pontifications of 'MURDERER!' when a drunk driver kills a MCist. But we (as a group) are regretfully slow to be critical of our own behavior regarding alcohol and riding. Poker rides rarely make stops at churches - they make stops at bars. 'Bike nights' aren't usually held at the local community centers, they're usually held at the local bars. Over 40% of all middle aged MCists (35-44) killed in 2003 had a BAC in excess of .08% when they died on their bikes (CDC data). That's crazy.

Shanklin will get no sympathy from this rider. His family? Absolutely - they are offered unconditional condolences. But Shanklin made the choice to drink (heavily) and ride that day - clearly against the law. I still stand by my assertion he should have never even occupied that space in time when he was hit. He was illegally on the road.

The fact this info was not allowed in a court of law is criminally negligent.

I can't believe that Mr. Kellogg & his wife are being put through this...all because someone didn't respect his OWN life enough to drive sober & wear a helmet. I own a bike & have been riding for 4 years, and those should be every biker's cardinal rules, should they not...? I also cannot believe the judicial system is throwing out the BAC...we have billboards all over around here that say "buzzed driving is drunk driving". this biker was a bit more than buzzed from the sounds of it!

The Kelloggs aren't the only ones going through this....bad choices, are still affecting more people than you realize.

Big old ripple effect.

Sure is quiet in here.

Whats going on?

Who has all the answers?

I'm just guessing here, but because of the tyraids, and too much(false) imformation being posted on here from lobsterclaw, which had nothing to do with the initial wreck, (false accusations against Mr Brill)( which He had nothing to do with the careless actions of Mr kellogg) Has there been a Gag order put upon the little network that was going on, and got erased?

I assume you (all?) are still looking on here, but can't post.

Just throwing that out there.

Just wondering if any one has found a new sight to post on this topic, if so, share your info! would be nice to see what is being said on different places.

I think there is a site for each local town.
you type in the city and write topics after it. the spelling could be wrong, topics might be spelled funny and end in an X

or other local newspaper sites might have something on them, ones that are close to the original town.

That would be my guess.

I am so happy that people are finally beginning to think of the law! This is very exciting. Thank you to the posts that actually did some research before they posted on here!!

also, guymd, i agree with you completely on the lobsterclaw posts. The informations was very false and very out of line. that is precisely what i meant by people who did not know what they are talking about when they post something.

One thing I couldn't understand was Why was Mr Brills name brought into the "7 facts"?
From what I gathered, Mr Brill worked on the vehicle to the best of his ability. You can only do so much to a vehicle that should have been totaled. That was a nasty accident.

Lobsterclaw is alittle too close to the story and the emotions, took over.

Hopefully the truth will come out, and justice will be served.

I also agree HW that Lobsterclaws comments were Way out of line. Almost slanderous.
And thats why the comments were deleted.
Too much false imfo and false accusations.

z-z-z-z-z-z-z-z

too quiet in here.

Been doing some research.

Those kelloggs sure do spend alot of time in the court room.

Guess next week is the Big One!

I sure do miss the way Wooster Prof talked down to everyone on here. You know , you could tell they were raising their voice, and couldn't type fast enough. About to burst a vessel.

And I miss Lobsterclaw also.
Maybe they were one in the same, or......

just a little f.y.i. Mr. kellogg has a previous bad driving record...illegal turns, rolling stops at stop signs, speeding...etc...who's fault is all that? I wonder who he can blame for his bad driving record, since he seems never to take credit for his own wrong doings.

Don't worry it will all work out in the end.

If not now, some where down the road.

It seems that "they" think they are above everyone else.

I'm just glad there are so many resources online, where one is able to find out so much about certain things.

I'm sure BK is sweating bullets, wondering how it will all turn out, afterall, there are many motions in limine in the Wayne County Municipal Court System. Wonder why that is?

Down to the wire.

Hope everything turns out, as it should.

Yawn!

changed that court date again...

why, get it overwith!
I'm sure big bubbas just waiting on you at the Big House.

In referrence to Lobsterclaw, they are posting on other subjects, with one eye on this article I'm Sure.

Watch out for those Crocodile Tears.

Sure would like to hear from Helloitsme again. The last time they were on, they sure did put some good stuff on here (truth).

I'm sure Helloitsme has alot more imformation to offer us!

Come on Helloitsme, make an appearance, your fans await you...

The new story about this, is just as bias as this one.

Also the story on the Daily Record.

I'm sure there are some formiliar names on both stories.

Different names, but the same ole whining.
Those for the kelloggs.

Check it out

Interesting post on Kenneth Shanklins obit today!

Gets me to wondering.

Hey harleygirl.
Reading over all the posts on here, and I am curious about What conversation took place between the suv driver and the other M/C before the police got there.

Would have liked to been a grasshopper in the weeds on that one!