After serving nearly four months of his 12-month prison sentence, a Fostoria man convicted of aggravated vehicular homicide in connection to the death of a 9-year-old boy appeared in court Wednesday morning where he asked for an early release.
George R. Tucker, 75, who pleaded guilty to the third-degree felony in July and was sentenced in September by Seneca County Common Pleas Court Judge Michael Kelbley, asked Kelbley Wednesday for judicial release.
"I can't imagine what it'd be like to be (in prison) at 75 years of age," Dean Henry, Tucker's attorney, told
Kelbley Wednesday during the hearing.
Henry said Tucker, who is experiencing health problems, has attended all of the education and spiritual components in prison and also is completing the 12-step program of Alcoholics Anonymous. He said Tucker also is unlikely to commit any future crimes.
"He's not getting anything out of this and I don't think there's any more punishment ... the court could put on him by keeping him there," Henry said.
Tucker also spoke Wednesday and apologized to the family of Mavin Hamilton, who was struck by Tucker as he crossed Columbus Avenue Nov. 15, 2012. Hamilton died two days later from his injuries at the Toledo Hospital. Alcohol and speed were factors in the crash.
"I apologize to you all," Tucker said.
Hamilton's mother, Leslie Kroetz, also spoke. She asked Kelbley to deny Tucker's request.
"Mavin was 9, and his only fault was crossing at a green light," she said.
"All I'm asking is that if 12 months is all he was given in return for my son's life, I would hope he spends every day of it (in prison)," Kroetz said.
Seneca County Prosecutor Derek DeVine told Kelbley that Tucker should serve his whole sentence not only because it is his punishment, but because it would continue to deter others from the commission of the same type of offense.
Kelbley said he is to issue his ruling within 10 days.