Norton man sentenced to 7 years in prison for drunk driving accident that left Canton woman dead

April 19--The best friend of a Canton woman killed in a drunk driving accident asked the man who caused the crash to close his eyes Tuesday and return to that moment.

"Put yourself behind the wheel of the truck that night," Jennifer Fyffe said to Brandon Pheneger during his sentencing in Summit County Common Pleas Court. "You pushed her car a quarter of a mile down the road. You killed her upon impact. Can you see the sheer look of terror in her eyes?"

Pheneger sat with his eyes downcast as he listened to Fyffe's impassioned words.

"Did she suffer?" Fyffe continued. "Was she scared? For minutes after, was she still alive? Did she call for help? Do you even care?"

Fyffe was among three loved ones of Rachel Townsend, 39, who spoke during Pheneger's emotional sentencing and urged that he get the maximum possible prison sentence.

Pheneger, 40, of Norton, pleaded guilty in March to aggravated vehicular homicide, a second-degree felony, and operating a vehicle while under the influence, a first-degree misdemeanor.

Judge Christine Croce, noting Pheneger's remorse and how he accepted responsibility for his actions, sentenced him to seven years in prison. She noted this time will be mandatory. Pheneger faced up to eight years.

Prosecutors say Pheneger was driving his pickup truck south on Interstate 77 in Coventry Township at full speed around a curve July 29 when he made a left turn into the median. His truck went airborne across the median into oncoming traffic, slamming into Townsend's southbound Kia Optima.

Assistant Summit County Prosecutor Jay Cole said Pheneger's truck sheered off the top of Townsend's vehicle from the doors up. He showed photographs of what was left of her vehicle and of Pheneger's flipped-over truck.

"Rachel Townsend never had a chance," Cole said, noting that an Ohio Department of Transportation video of the crash showed Pheneger never hit his brakes.

Though Pheneger has no prior criminal record, Cole noted his lengthy history of driving violations, including seven license suspensions and 10 convictions, with most for driving without a license or without insurance.

He said Pheneger's blood-alcohol level was 0.259, more than three times the legal limit of 0.08. He urged Croce to impose the maximum sentence.

Kevin Townsend, Rachel's husband of 11 years, said her loss has become a reality in the months since the crash with little moments he missed, like not seeing her fold laundry or greet him with a kiss when he returned home.

"For so many people, Rachel was a bright light in a dark world," he said, fighting tears.

Edward McCall, Rachel's father, read some of the comments made by the 250 people who attended her calling hours: "I am who I am because of you." "I miss your inspiration." "How do you say goodbye to an angel?"

"I have to go to the cemetery to visit my daughter," McCall told Pheneger.

Fyffe became so emotional during her remarks that she was nearly yelling at times.

"You deserve no mercy," Fyffe said. "You deserve no leniency. I ask the court to do the same. Let the community know things like this will not be accepted."

Kerry O'Brien, Pheneger's attorney, said his client has often expressed remorse since the crash. He said Pheneger pleaded guilty to spare Townsend's family from enduring a trial.

Pheneger apologized to Townsend's family and said he disappointed himself and his family.

"I know that a life is priceless," he said. "I respect the court's decision of how to punish me, and I know for the family -- whatever it is -- it's not enough."

Croce told Pheneger that his actions will have "life-altering effects." She sentenced him to seven years in prison on the aggravated vehicular homicide charge and 180 days in jail on the OVI charge, with the terms concurrent for a total of seven years. She also suspended his driver license for life.

Stephanie Warsmith can be reached at 330-996-3705, [email protected] and on Twitter: @swarsmithabj .

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