Case of 2016 fatal Eaton Township crash headed to Ohio Supreme Court

The case of a Cleveland man who admitted to causing a fatal crash in Eaton Township in 2016, and then appealed over a sentencing technicality, is headed to the Ohio Supreme Court. Attorney Giovanna Bremke filed a motion in May for the state's highest court to hear her client Justin Tancak's appeal. The court accepted on July 27, according to its docket. Tancak admitted in court in 2018 that he caused an August 2016 motorcycle crash that killed 21-year-old Sara Bevelacqua, also of Cleveland. He pleaded guilty to charges including aggravated vehicular homicide, failure to comply with the order or signal of a police officer, DUI and willful or wanton disregard of safety in Lorain County Common Pleas court four years ago this month. Judge James Miraldi sentenced Tancak to nine years in prison, suspended his driver's license for life and ordered him to pay $15,000 restitution. Tancak got permission to file a delayed appeal in February 2021 after successfully arguing to the 9th District Court of Appeals that Miraldi failed to properly notify him of his appeal rights at sentencing. The 9th District Court of Appeals appointed Bremke to represent Tancak on appeal. Bremke said Thursday that the appeals court ruled in March that Miraldi didn't properly advise Tancak that he would be serving mandatory consecutive prison terms. The appeals court overturned Tancak's guilty plea on the felony charge of failure to comply, but rejected his argument that his entire plea should be overturned. That is now what is before the Ohio Supreme Court, said Bremke, who has appeared before the state's highest court two other times. Tancak, 25, has an expected release date from prison in May 2026. The Lorain County Prosecutor's Office said Tancak, then 19, was under the influence of alcohol and marijuana when he forced Bevelacqua to get on the back of his motorcycle on Aug. 20, 2016, and wouldn't let her go. The motorcycle crashed off the left side of state Route 57 the road near Route 10 in Eaton Township and Bevelacqua was killed, according to the State Highway Patrol. Tancak had minor injuries. Witnesses told authorities Tancak had bragged about fleeing from police on his motorcycle and that he got thrills from being chased. While free on bond in the Lorain County case, Tancak was charged with DUI in Cuyahoga County. Sara Bevelacqua's father, John, sued Tancak, State Farm Insurance, the Lorain County Board of Commissioners, Columbia Township and a Lorain County sheriff's deputy in Common Pleas Court in August 2018. The lawsuit alleged deputies clocked Tancak's motorcycle going 70 mph in a 45 mph zone on Route 82 in Columbia Township, chased him and that their "reckless disregard" caused the crash that killed Sara Bevelacqua. As of June 2021, Judge Raymond Ewers had dismissed claims against all the defendants except Tancak. John Bevelacqua then dismissed the lawsuit and appealed to the Ninth District in September. Oral arguments in the civil case are scheduled later this month, according to court records. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him on Twitter @DaveOBrienCT.