Wednesday’s hearing happened due to required legal rights he was not formally told during the process.
Ondreka was behind the wheel of a vehicle that hit a car driven by 18-year-old Jyan Waespe on June 14, 2022, at Tylersville and Butler Warren roads in West Chester Twp. The recent Mason High School grad and father-to-be was taken to West Chester Hospital, where he was pronounced dead.
Ondreka was charged with aggravated vehicular homicide, operating a vehicle under the influence and driving under OVI suspension. In exchange for the plea to the second- degree felony charge, the remaining charges, both misdemeanors, were dismissed.
When Ondreka entered the plea he was not told that, according to Ohio law, a prison sentence was mandatory. Because that instruction was not given, the sentencing had to be done over. So, Ondreka’s plea and sentence was vacated and he re-entered the same plea and received the same sentence of seven years in prison. He faced a maximum of eight years.
The word mandatory was heard loud and clear during the process Wednesday morning. Stephens also made it clear from the beginning the sentence would remain the same. In addition to prison, Ondreka received a lifetime driver’s license suspension.
Ondreka made no statement during the re-sentence and Waespe’s family was not in attendance.
Butler County Prosecutor Michael Gmoser said while similar technicalities don’t happen often, they do happen, and correcting them at the source, rather than risk overturn on appeal, is best.
“The record is important for accuracy purposes. There was no harm no foul and we got everything required in the plea,” Gmoser said. “It does happen (especially) when the laws changed adding requirements to the pleas. Fifty years ago, a guilty plea could be handled in about 20 minutes or less, now you are lucky if it gets done in an hour.”
During the Monday sentencing, Waespe’s mother and girlfriend, the mother of young son, spoke. Many in the courtroom wiped away tears, shook their heads and looked down.
Stephens said he did not impose the maximum sentence because Ondreka did spare the victim’s family the “nightmare” and “torture” of a trial.
“That is the primary reason why I am not giving you that one extra year,” Stephens said.
The judge noted he could not justify a sentence less than seven years.
About the Author
