GUILTY OH - James Barnett, 39, drowned in DUI boating accident, Lake Erie, 6 Aug 2002

A Fairlawn man convicted of aggravated vehicular homicide and involuntary manslaughter after he allegedly pushed a friend off a boat in Lake Erie did not receive a fair trial because the jury included a hearing-impaired woman who couldn't fully evaluate the evidence, the Ohio Supreme Court ruled Wednesday.

In a 5-2 decision, the court overturned the Ottawa County conviction of Scott A. Speer in the 2002 death of Jim Barnett, 40, of Barberton. Mr. Barnett drowned near Catawba Island after departing on Mr. Speer's speedboat during a small-craft advisory.

The evidence presented at trial included a recording of a 911 call made by Mr. Speer, a call that his lawyer asked jurors to closely study as evidence that Mr. Speer was not intoxicated.

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Scott A. Speer, 46, of Fairlawn, pleaded guilty to obstruction of justice, a felony, and vehicular homicide, a misdemeanor, as part of a plea deal worked out with Ottawa County prosecutors...

Barnett, 39, drowned after falling off — or, as prosecutors originally alleged, being pushed from — a boat into stormy nighttime waters near Port Clinton on Aug. 6, 2002. Barnett and Speer were the only two on the boat at the time...

The potential sentence for the charges in the plea offer is 18 months. If he accepts the deal, the judge could order Speer back into custody for a few months or allow him to remain free.

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