ELYRIA — When he was sentenced for killing one teenager and seriously injuring another during a 1992 game of “chicken,” 18-year-old David Pirro had his driver’s license suspended for life.

It turns out then-county Common Pleas Judge Lynett McGough went too far with the driver’s license suspension, according to a ruling Tuesday by her successor to the bench, Judge James Burge.

The crimes that Pirro, now 34, was convicted of — including involuntary manslaughter, aggravated vehicular homicide, vehicular assault and reckless operation — didn’t carry a potential penalty of a lifetime driving ban, Burge said in his ruling.

The maximum McGough could have suspended Pirro’s driver’s license for would have been three years, Burge said, and his order corrects the improper sentence handed down after a jury convicted Pirro in 1993.

Pirro did not return a call seeking comment, but Burge said he appeared to have taken responsibility for his actions.

“He appeared to be very contrite and sorry for what he did, but my decision wasn’t based on that,” Burge said. “It was based on the law.”

Burge said he had initially given Pirro limited driving privileges at a hearing last week under an Ohio law that allows a person with a lifetime driving ban to ask to have their license reinstated after 15 years.

But after he reviewed the law over the weekend, Burge said, he realized that because Pirro wasn’t drunk, wasn’t driving under suspension and didn’t have a criminal record to justify the lifetime ban, he had no choice but to lift the suspension.

Prosecutors didn’t object to the decision, Burge said, but county Prosecutor Dennis Will said his office is reviewing the judge’s decision.

Pirro, a Midview High School graduate, deliberately swerved into the path of a car driven by 17-year-old Karen Kmetz on South Island Road, prosecutors argued during the trial. Kmetz was seriously injured in the crash, while her passenger, 17-year-old Samantha Buckner, was killed.

Pirro, who sustained minor injuries in the crash, served eight years in prison in addition to the driving ban, Burge said.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.

In order to comment, you must agree to our user agreement and discussion guidelines.
You must be registered and logged in to post a comment. If you aren't already registered, click here.
If you are registered, click here to log in.
Need help? Email Us.