DAYTON, Ohio (WDTN) — After the defense and prosecution for the Abby Michaels murder trial wrapped up their cases Thursday, it took Judge Steven Dankof one day to deliver his verdict: not guilty on all charges.
In his decision, Judge Dankof chastised the prosecution, the media and the investigation in the trial stemming from the wrong way crash that killed a family of three in 2019.
On Saint Patrick’s Day in 2019, Michaels, driving the wrong way on I-75 in Moraine, collided with the Thompson family headed southbound.
In the 4-day bench trial, the prosecution tried to prove Michaels intentionally drove the wrong way, arguing a text message she sent her ex-husband saying, “Goodbye, I love you, I’m dying now,” proved her intent.
Judge Dankof did not buy it, saying, “On its face, the text certainly does not even hint at a plan to drive into oncoming traffic.”
The judge also admonished the ex-husband’s testimony that Michaels planned to kill herself by driving the wrong way to be “untrue and unworthy of belief”.
The defense laid out a claim during the trial that Michaels had a seizure or episode at the time of the accident, pointing to the paramedics’ EMT report saying she was suffering from her jaws being locked and that enduring trauma or a seizure could be the only explanation.
Medical experts testified Michaels had a history of seizures. In 2013, she was diagnosed with a psychogenic seizure disorder, which can be triggered by stress. A major sticking point in the trial was whether Michaels did suffer a seizure during the accident.
In his decision, Judge Dankof agreed with Dr. Christina Waite’s testimony and ruled Michaels “was mentally ill at the time of the accident with borderline personality disorder.”
The judge added she suffered from PTSD, psychogenic seizure disorder, and bipolar disorder and was untreated for all of them.
The judge punctuated his comments by saying, “Miss Michaels likely was not ‘knowingly’ or ‘recklessly’ operating her car.”
Judge Dankof also blamed the media for its coverage of the facts in the case, saying the narrative from the media “bears no resemblance to reality and facts. It’s time for that to end.”
The judge also levied a sharp criticism at the investigation saying, “It is clear that alcohol played no role in the accident.”
The Montgomery County Prosecutor’s Office was very disappointed with the verdict, releasing a statement that says, “We will continue to fight for justice for every victim in Montgomery County. Our continued thoughts and prayers are with Thompson family during this difficult time.”
