The Morning Journal (Lorain, OH)
Court reduces restitution in Sheffield Twp. fatal hit-and-run
Ohio’s Ninth District Court of Appeals reversed a decision Jan. 19 to lower the amount of restitution paid to the family of a woman killed two years ago in a hit-and-run crash in Sheffield Township.
Delmar Board Sr. was sentenced to 18 months in prison in 2019 by Lorain County Common Pleas Judge Mark Betleski and to pay $27,883 to the family of Rosalyn Arroyo.
The appellate court ruled the restitution was too high under state law. In a 3-0 decision, the court reversed Betleski’s order, capping restitution at $10,000, a penalty of $5,000 for each felony conviction.
The decision was penned by Judge Thomas A. Teodosio with Judge Julie Schafer concurring. Judge Jennifer Hensal concurred in judgment only.
Board, now 44, pleaded guilty Aug. 5, 2018, to failing to stop after a motor vehicle accident and driving under suspension.
He argued the court exceeded statutory provisions and lacked authority to award restitution over $5,000.
Board also argued the restitution ordered by Betleski was not warranted because he was not convicted of causing Arroyo’s death.
The appellate court declined to rule on a second assignment of error in which Board argued the court erred in its restitution because it does not comply with the general restitution statutes.
The court stated the appeal was premature and “not yet ripe for review.”
Board struck Arroyo, 49, of Lorain, with a white 1995 Chevrolet Suburban at the intersection of state Routes 57 and 254 around 9:17 p.m., Dec. 2, while she attempted to cross the north travel lanes of Route 57.
After striking Arroyo, Board continued north on Route 57, police have said.