HAMILTON, OH (FOX19) -- The owner of the vehicle involved in a deadly Butler County accident weeks ago, faces an unusual charge.
Prosecutors say Jamie Lunsford, 39, knew his ex-girlfriend, Kelly Koedel was either was under the influence or driving on a suspended license when she took his van, along with their 3-year-old son.
Investigators say Koedel flipped the van in a construction zone on Ohio 747, killing herself and the toddler.
Now, Lunsford is charged with wrongful entrustment of a motor vehicle, a charge prosecutors don't often use.
"Its a pretty heavy burden for the state to bear so it will be a difficult case to prove but under the limited facts that I know it was a legitimate call by the defense in this case," said legal expert Mike Allen.
The misdemeanor was issued with a court date of Aug. 20. A maximum penalty could include six months in prison.
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