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home : headlines : headlines July 29, 2010

2/7/2008 8:11:00 AM Email this articlePrint this article 
Midland man gets three months jail time

NEWS JOURNAL STAFF REPORT

A Midland man was sentenced Tuesday in a Warren County court, bringing an end to a case that started when an 10-year-old girl lost her life.

Nils McElroy, 21, who previously pleaded to a misdemeanor charge of vehicular homicide, was sentenced Tuesday to 90 days in jail, ordered to pay a $1,000 fine and serve five years probation, according to court records.

McElroy was indicted Dec. 14 by a Warren County grand jury. He was found responsible for causing the death of Ellie Sand by way of negligence in operating a Yahama Rhino, an off-road vehicle. He was arraigned Jan. 3.

In late October, McElroy was at the home of Rob Osterhues, a friend who lives at 380 Ward Koebel Road in Oregonia. Most of the people at the social gathering, said Warren County Prosecutor Rachel Hutzel, were members of the same church. Part of the fun that day revolved around a Yamaha Rhino owned by Osterhues.

According to Warren County Chief Assistant Prosecuting Attorney Bruce McGary, McElroy drove the Rhino while taking others for rides. McGary said McElroy was engaging in general horseplay, which caused the Rhino to roll over.

Ellie Sand sustained fatal injuries during the rollover and died soon after the accident. She was the daughter of Tammy and John Sand of Lebanon.

The misdemeanor charge of vehicular homicide carries a maximum of six months in jail.

McElroy has a review hearing for costs and fines June 9 in front of Judge Jacqueline Handorf. He is represented by a public defender, attorney William R. Kaufman.





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