Switzer trial delayed, new hearing set

SCOTT TRUXELL/independent editor

PAULDING — The trial of a Paulding woman accused of hitting and killing a boy while he was riding his bike has been delayed, pending the results of a suppression hearing.

Cynthia Switzer,46, was scheduled to stand trial May 13-15 for aggravated vehicular homicide, a second degree felony. Instead, she’ll appear in Paulding County Common Pleas Court at 1 p.m. Monday, May 13, for a motion to suppress and a Daubert motion, which generally seeks to exclude the testimony of an expert witness.

According to court records, Switzer and her attorney, E. Charles Cates, are seeking to suppress tests of Switzer’s coordination and/or alcohol and/or drug levels.

“Before the results of an alcohol and/or drug test given a defendant are admissible in evidence, it is incumbent upon the State to show that the instrument was in proper working order, that its manipulator had the qualifcations to conduct the test,” the motion reads.

The motion also calls into question seven other factors to consider, including the chain of custody of a urine test, a possible link between alcohol test results and diabetes, which Switzer has, plus numerous body cam recordings.

The charge against is tied to the September 4, 2023 death of Ross Erwin Myers, 12, who was riding his bike on County Road 103, south of County Road 124 in Paulding Township when he was hit from behind and killed.

Test results show Switzer’s blood alcohol content was more than three times the legal limit. She was arrested at her home by deputies without incident and was booked into the Paulding County Jail on Friday, October 13, more than five weeks after the incident. She posted a $10,000 bond the following day and was ordered to consume no alcoholic beverages.

If convicted, she faces a mandatory prison sentence of 2-8 years, a fine of up to $15,000 and a mandatory license suspension for life.

Retired Wood County Judge Reeve W. Kelsey was assigned to preside over the case, after Paulding County Common Pleas Court Judge Tiffany Beckman recused herself from the matter.