Conviction upheld in 2024 vehicular assault case
Staff report
The Ohio 11th District Court of Appeals on Tuesday affirmed the conviction and indefinite prison sentence of Joshua Butler, who was sentenced in May to an indefinite term of eight to 12 years on convictions of aggravated vehicular assault, failure to stop after an accident, OVI and possession of a fentanyl-related compound.
Butler, 36, of Greenville, Pa., in appeal raised two assignments of error — that the trial court injected itself into plea negotiations before the agreement was finalized and then Trumbull County Common Pleas Judge Ronald J. Rice sentenced Butler to a term exceeding that of the plea agreement of five-to-seven-and-a-half years.
Butler also was ordered to pay restitution to the victims.
However, 11th District Appellate Judge Matt Lynch, joined by judges Eugene Lucci and John J. Eklund, ruled that Butler’s arguments were without merit.
The case involved a July 21, 2024, crash in which Butler flipped his vehicle after running into another vehicle and then drove off state Route 7 in northern Trumbull County. Three passengers in his vehicle were injured.
One of the passengers of that vehicle was in court to say that they could have been easily killed because of Butler’s recklessness. Butler also fled the scene of the crash before he was approached by an off-duty Trumbull County Sheriff’s deputy, who he assaulted, according to the prosecutor’s office.
Before handing down a sentence, Rice noted Butler’s long criminal history, which began at the age of 11.
Assistant Prosecutor Michael A. Burnett represented the state during the trial phase of the case, while Assistant Prosecutor Charles L. Morrow argued the case during appeal.
The defendant was represented by public defenders Ross Smith and Joshua Weemhoff during the trial phase and by attorney Robert T. McDowall Jr. during appeal.
Butler will continue to serve his prison sentence at Grafton Correctional Institution.

