Warning: Some may find the video, above, disturbing.
LAKEWOOD, Ohio (WJW)- The attorney representing a local musician, who was seriously injured when he was struck by an SUV as he crossed a Lakewood street earlier this month, said he does not believe his client should be the one facing a charge.
Charles Eversole suffered several injuries in the crash and was also cited by police. He faces a minor misdemeanor charge of right of way in a crosswalk, which states the pedestrian’s action created a hazard.
“I remember the car being almost there and then I remember being in the ambulance,” Eversole told the I-Team Monday. “The officer from Lakewood was at my hospital bed taking my statement and telling me I was in the wrong when he was taking my statement. This was before I even got to see the emergency room doctor.”
His attorney said Eversole should not be the one facing a charge.
“I was shocked to find out Charles was cited for this,” said attorney Mike Astrab. “What they charged him with was suddenly leaving the curb area and entering the intersection. Now, anybody with an ounce of common sense watching that video can see he did not suddenly leave the curb and enter the crosswalk. He was already over half way across when he was struck. The only person at fault here is that driver who was speeding trying to run a yellow light and turned into the wrong lane into oncoming traffic.”
The Lakewood city law director told us the case was reviewed and officials feel the appropriate charge was filed.
Eversole, the former artistic director of Cleveland’s Singing Angels, said because of the COVID-19 crisis he has not been able to work. He is now facing hundreds of dollars in medical bills and a possible court fine.
His friends have started a GoFundMe account to help him with his medical bills.
He is planning to fight the charge. The case is set for trial in March.