A Fostoria man who was convicted of aggravated vehicular homicide last year and sentenced to 12 months in prison has been granted judicial release.
George R. Tucker, 75, who served four months of his one-year sentence, was granted judicial release by Seneca County Common Pleas Court Judge Michael Kelbley Wednesday morning. Tucker had asked Kelbley for an early release last week.
"I'm very happy Mr. Tucker is out of prison," said Dean Henry, Tucker's attorney. "It was a good result and a good day for him."
Henry said Tucker has been experiencing health problems and that at his age, Tucker will do better on the outside of prison than on the inside.
"He's led a substantially long life as a law-abiding citizen and I anticipate him to keep doing that," Henry said.
Tucker, who had pleaded guilty to the third-degree felony charge in connection to the death of 9-year-old Mavin Hamilton, will now serve five years of community control. Kelbley also ordered Tucker Wednesday to perform 300 hours of community service and attend two Alcoholics Anonymous meeting each week.
Tucker also is prohibited from leaving the state and from consuming alcohol. He will undergo counseling and substance abuse treatment, and the lifetime license suspension that was imposed in September at his sentencing also will be in effect.
Seneca County Prosecutor Derek DeVine said Wednesday following the hearing that he had previously asked Kelbley to impose a longer prison sentence and then advocated that the defendant not be released early from prison.
DeVine said Tucker's case was unlike any other because of his age and the fact that a young boy was killed.
Hamilton, who was struck by Tucker's vehicle on Columbus Avenue Nov. 15, 2012, died two days later at a the Toledo Hospital.
Alcohol and speed were factors in the crash.