Driver that hit and killed Collin Barton may not face any charges

Collin Barton
Collin Barton

TERRACE PARK, OH (FOX19) - The 23 year old Milford man who was driving along Wooster Pike around 5:30 last Sunday morning is emotionally distraught about, as he says- "accidentally" taking the life of 16 year old Collin Barton.

The driver, who FOX 19 News is not identifying, said he was "dozed off" while driving and hit something large. He said he didn't see what it was because he had fallen asleep. As soon as the impact occurred he said he stopped, got out of his car and looked all over to see what it was he had hit.

There are no street lights along that stretch of road so it gets very dark at night. On each side of the road there is large brush growing and beyond that is a steep cliff. Barton's body was found deep down in that brush. The speed limit is 50 and on the speed limit signs there are signs warning motorist's to look out for deer.

Fox 19 ran his story past it's legal analyst who is a former Hamilton County Prosecutor, judge, and Cincinnati Police Officer. He is currently a defense attorney. "Falling asleep at the wheel of a vehicle's obviously not a good thing but it happens", said Allen. The driver said after not being able to find what he hit he went to the Milford Police to report what happened. Allen says that's a clear indication that the man was not intoxicated. "If the officers when he initially came to the Milford Police thought he would've been under the influence they could've tested him for that."

An officer took a report and then both of them went back to the scene to look for what he struck. "Based of the facts that I've heard this young man did not violate the failure to stop after an accident statue", said Allen. "He immediately notified the police and the police went out and looked and weren't able to find anything."

After hearing the man's story as it was told to Fox 19 News, Allen said that based entirely on what he's being told, "It wouldn't appear from anything I've seen that he did anything wrong. As a matter of fact, it would appear that he did everything right."

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