Woman seeks to withdraw plea from 2017 case

A Garfield Heights woman previously sentenced to eight years in prison for fleeing the scene after striking and killing a 9-yearold girl in Euclid is now trying to withdraw her guilty plea.

Lacynthia Tidmore’s sentence was overturned by Eighth District Court of Appeals judges earlier this year and her case was sent back to Cuyahoga County Common Pleas Court for resentencing.

The 25-year-old Tidmore was originally sentenced by Cuyahoga County Common Pleas Court Judge Peter J. Corrigan in May 2018 after she

pleaded guilty to aggravated vehicular homicide and failure to stop after an accident stemming from the November 2017 death of De’Zyer Mays.

Tidmore is accused of striking Mays on Babbitt Road around 7 a.m., Nov. 9, 2017, as the 9-year-old was crossing the road to stand at the bus stop. Mays died Nov. 21 as a result of injuries sustained in the incident.

A short time after the victim was struck, Tidmore’s car was found at a nearby gas station. Shortly after that, Tidmore made arrangements to turn herself in to police, Cuyahoga County prosecutors previously said.

Corrigan handed down maximum, consecutive sentences to Tidmore on the two charges.

Tidmore appealed her sentence and the appellate court judges in April determined

that Corrigan failed to find that consecutive sentences are “not disproportionate to the danger” Tidmore poses the public.

The appellate court vacated Tidmore’s sentence and moved the case back to Corrigan for resentencing. Corrigan can still consider a maximum sentence for her and if he does, he must state on the record and in a journal entry that the sentence isn’t disproportionate to the danger she poses.

Now with a different attorney from her original sentencing, Tidmore Aug. 19 filed a motion to withdraw her guilty plea.

Tidmore’s new attorney Raymond R. Froelich argues in the motion that she received bad legal advice from her former lawyer, “which persuaded her and/ or intimidated her to plead guilty to the indictment.”

In an affidavit, Tidmore wrote that her previous attorney told her and her family that “we will beat the aggravated (vehicular) homicide charge, but we may have problems with failure

to stop.” The day before she pleaded guilty, Tidmore alleges that her then-attorney called her and said, “Judge Corrigan likes defendants to plead guilty to the charges and you will get probation or shock probation in this case.”

Froelich said there was no bargained or negotiated plea in Tidmore’s case.

“So what did the defendant gain? The only reasonable conclusion was but for, the ill-advised opinions on probation, which her attorney he had no authority to offer is tantamount to ineffective assistance of counsel,” Froelich wrote. “This plea was neither knowing or voluntary.”

The Cuyahoga County Prosecutor’s Office Aug. 26 filed a brief in opposition to Tidmore’s motion.

A sentencing date is currently scheduled for Sept. 4.

Tidmore said at her original sentencing hearing that she didn’t stop because she didn’t think she hit a child.

Mays was a student at Euclid Prep School on Euclid Avenue.

Tidmore