November 21, 2014

Elyria
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Man gets 30 months in jail in DUI fatal

ELYRIA — A former Lorain man who killed his girlfriend in a drunken driving crash in December 2010 was sentenced Friday to 30 months in prison.

Wilfredo Osorio Jr., 28, was found guilty last year of vehicular homicide, DUI and driving without a license. Lorain County Common Pleas Judge James Burge, who imposed the sentence Friday, cleared Osorio of more serious aggravated vehicular homicide charges.

Assistant County Prosecutor Nick Hanek urged Burge to impose the maximum sentence, which the judge said was 30 months, in part because of an interview Osorio had with the Lorain County Probation Department in which he reportedly failed to take responsibility for his actions leading to the death of 26-year-old Rachel Frahm of Sullivan.

“I believe this defendant has refused to take any responsibility for the death of his girlfriend,” Hanek said.

An emotional Osorio told Burge that he knew he had made a mistake getting behind the wheel of the car, but he also blamed icy conditions on Middle Ridge Road in Amherst Township for the crash.

“This was an accident,” he said. “I slipped on ice.”

The Ohio Highway Patrol reported that Osorio’s vehicle veered off the left side of the road, cut a utility pole in half and struck a tree. Frahm died from her injuries about a week after the crash.

Kenneth Ortner, Osorio’s attorney, said both his client and Frahm had been drinking the night of the crash and the decision was made that Osorio was more fit to drive.

Osorio, who now lives in Allentown, Pa., had a blood-alcohol level of 0.172, more than twice the legal driving limit of 0.08, Hanek said.

Although Hanek said Frahm’s family continues to suffer because of their loss, Osorio said he is no less devastated by the loss.

He said he has Frahm’s name tattooed on his hand and has basically been abandoned by his friends and family because of the crash.

He said he’s been called a murderer and has struggled with what happened.

“I don’t know how to live with this,” he said.

In addition to the prison sentence, Burge imposed a five-year driving suspension on Osorio that will take effect once he’s released from custody.

Ortner said his client will appeal.

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