The former Fostoria man who drove into a ditch, causing the death of a child in the vehicle, is going to prison.
Nathaniel Rivera, 28, appeared Thursday in the courtroom of Wood County Common Pleas Judge Joel Kuhlman.
On April 8, 2021, Rivera was traveling southbound on Bradner Road at 8:08 a.m. when the 2007 Chevy Impala he was driving crossed the center line, traveled onto the shoulder, then into the ditch on the east side of the roadway. The car then struck a concrete culvert and came to rest in the ditch.
Cameron Fredritz, 7, was pronounced dead at the scene.
Angela Epley, Cameron’s grandmother, spoke at Thursday’s sentencing.
She quoted 1 Peter 5:8 which states “Be alert and of sober mind.”
Cameron had “the sweetest soul on this earth but the system failed him,” she said.
He died instantly while his mother, Monica Epley, was folded under the dash with many broken bones, she said.
According to the accident report, Monica Epley had to be extricated from the vehicle by mechanical means and was taken by air ambulance to Toledo Hospital with suspected serious injury.
Angela Epley alluded to a previous conviction Rivera had in Michigan, for which he wasn’t incarcerated and was allowed to stay in Ohio and do what he does best, “beat the system.”
Now we’re without a grandson, a son and a brother, she said.
Rivera was indicted in April 2022 for two counts aggravated vehicular homicide, one a second-degree felony and one a third-degree felony; two counts aggravated vehicular assault, both third-degree felonies; and operating a vehicle under the influence of alcohol, a drug of abuse or a combination of them/OVI, a first-degree misdemeanor.
Rivera, who currently lives in Columbus, pleaded guilty in February to an amended count of vehicular assault and one count aggravated vehicular homicide.
The remaining charges were dismissed.
“This was just an absolute horrible accident, tragic,” said defense attorney Steven Spitler.
Although Rivera is not the deceased child’s biological father, he has lived with guilt every day since, Spitler said.
He asked Kuhlman to take into consideration Rivera has a 1-month-old son and is getting treatment for drug addiction in Columbus.
“He’s prepared to do what the court orders him to do … to prove he is changing and moving forward,” Spitler said.
Rivera apologized to everybody who was affected by the accident and said he fell asleep behind the wheel.
“I’m sorry,” he said.
He added he has been drug free for 30 months and “I’m just doing the best I can.”
You knew the day before when you stayed up all night with Monica Epley that you had to transfer those kids in the morning, Kuhlman said to Rivera.
The kids were buckled in but were not in car seats, Rivera said.
“There are accidents and there are accidents that you make happen,” Kuhlman said.
Your behavior leading up to the accident created the risk of harm to everyone, Kuhlman said.
He imposed a 60-month prison sentence for the aggravated vehicular homicide and 18 months for the vehicular assault.
The sentences are to be served concurrently.
Once released from prison, Rivera’s driver’s license will be suspended for 10 years.
Rivera was taken into custody and transported to the jail to await transfer to the Ohio Department of Rehabilitation and Correction.
