PORTSMOUTH- The man who pleaded guilty in the 2020 hit-and-run death of popular local man Rich Moon has been granted judicial release.

Rusty Rule, 42, of Portsmouth, pleaded guilty on Sept. 12 to vehicular homicide, a fourth-degree felony, and one count of leaving the scene of an accident resulting in death, a third-degree felony. He was sentenced to 54 months in prison by Scioto County Common Pleas Judge Mark Kuhn.

According to reports and court records, Rule was driving a vehicle under the influence of fentanyl Dec. 5, 2020, when he struck Moon in the crosswalk at U.S. 52 and Chillicothe Street. The incident was caught on video by the security cameras of nearby businesses.

“This was a judicial release that was contemplated at the change of plea hearing and discussed with Mr. Moon’s family,” said Scioto County Prosecutor Shane Tieman. “Mr. Rule’s biggest mistake was fleeing the scene when this incident happened and, as such, it was important that he have a prison sentence.”

Rule has been incarcerated at Chillicothe Correctional Institution since Sept. 28, 2023. He was originally sentenced to 4.5 years, which meant his expected release date would have been Dec. 30, 2027.

In his the motion for judicial release he filed in June, Rule states he “has genuine remorse for his actions. The damage his actions have caused him and his family, as well as the pain that comes from his continued absence, is sufficient and weighs heavily upon him. While it is regrettable that it took the arrest and incarceration of Defendant for him to take the necessary steps to straighten out his life, he is eager to demonstrate his responsibility as a citizen.”

Rule’s motion also states he has a stable environment to return to upon release and “anticipates substantial community support from the local AA/NA group and his church.” He also cites family support and plans to live with his long-term girlfriend upon release, as well as education he has obtained, as well as certification as an electrician.

Tieman pointed to Rule’s good behavior while incarcerated and said Rule will be subject to the fact he will be on supervised probation upon release.

“As part of the release, he was placed on Intensive Supervised Probation adn will be on community control for up to five years,” Tieman said.

If Rule would violate probation, he would be required to return to prison to complete the original 4.5-year sentence handed down by Scioto County Common Pleas Judge Mark Kuhn.

Reach Lori McNelly at [email protected] or at (740) 353-3101 ext. 1928. © 2024 Portsmouth Daily Times, all rights reserved