DAYTON, Ohio (WDTN) — Blood collected from a Xenia woman following a crash 2019 wrong-way crash that killed a family of three is being thrown out due to improper handling.
Abby Michaels is charged with counts of aggravated vehicular manslaughter, aggravated vehicular homicide and murder — she is also charged with an OVI but the blood being tossed would have been used to determine her state following the crash.
“Law enforcement is trained to maintain what they call a chain of custody and to safeguard this type of evidence,” said Thaddeus Hoffmeister, a law professor at the University of Dayton. “In this instance, some folks dropped the ball. This blood was no longer going to be of a quality that you could authenticate that the blood drawn wasn’t impact by outside events.”
Hoffmeister believes the argument for an OVI is still probable. He said that eye witness testimony, in this case, should be enough to point to whether she was impaired or not while driving.