Published: Thursday, August 16, 2007
Man sentenced to prison in road-rage case
A murder charge against the man had been dismissed.
CLEVELAND (AP) A man who chased his ex-girlfriend on an interstate and caused a fatal crash that killed the driver of another vehicle was sentenced to seven years in prison.
Sean Kay, 20, of Brecksville, apologized in court Tuesday and didn't flinch when Cuyahoga County Common Pleas Judge Eileen Gallagher called the case a tremendous tragedy.
Kay followed former girlfriend Amanda Koczwara on Interstate 77 on Dec. 28 after calling her 18 times that morning, prosecutors said. He pulled alongside her, made an obscene gesture, then swerved into her, and both vehicles lost control.
Landed on vehicle
Kay's sport utility vehicle crossed the median, went airborne and landed on a vehicle in the oncoming lanes, killing driver Gerald Durzcak, 58, of Garfield Heights. His former girlfriend's van was forced off the road with a blown tire.
The judge dismissed a murder charge against Kay in a nonjury trial last month and convicted him of felonious assault and aggravated vehicular homicide. The murder charge carried a maximum sentence of 15 years to life.
Kay testified at trial that he was just trying to get Koczwara's attention, not collide with her.
Assistant County Prosecutor Steven Dever said Kay remains remorseless, despite the apology in court.
"Anything less than the seven-year sentence would have diminished the defendant's responsibility for the life he took and the lives he's ruined," he said.
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