Jury finds man guilty of reckless homicide

CELINA - A 34-year-old Celina man accused of giving a fatal dose of fentanyl to his cognitively disabled live-in girlfriend and raping her was found guilty on Friday of reckless homicide and other lesser charges.

However, the jury acquitted Frederick S. Cass of the most serious charges - involuntary manslaughter, a first-degree felony; corrupting another with drugs, a first-degree felony; and rape, a first-degree felony. He was also found not guilty of trafficking a fentanyl-like compound, a fourth-degree felony.

After four hours of deliberation, the jury reached a verdict just after 9 p.m. Friday, court bayliff Mike Huber informed The Daily Standard.

In addition to the third-degree felony charge of reckless homicide, Cass was also found guilty of possession of a fentanyl-related compound, a fifth-degree felony; three counts of tampering with evidence, third-degree felonies; identity fraud, a fifth-degree felony; and petty theft, a first-degree misdemeanor.

A sentencing date has not been scheduled yet, according to Huber.

Closing arguments were made in Mercer County Common Pleas Court on Friday, the final day of a three-day trial. Cass was accused of involuntary manslaughter and raping his girlfriend of five years, Lindeva "Lindy" Rosario, 35, of Celina on July 9, 2020. He was charged for the death of Rosario on June 16, 2022.

Mercer County Prosecutor Erin Minor started her closing argument by reminding the jury the reason for their presence - Lindy Rosario.

"This case is about Lindy, of course," she said. "It's also about the defendant, and how he's responsible for her death, and his attempt to cover up his crimes in connection with it."

Minor on Wednesday said Cass knowingly gave Rosario fentanyl to take, which led to her death by overdose at roughly 4 a.m. July 9, 2020.

Due to issues at birth, Rosario had severe hearing loss and a cognitive disability that didn't allow her to intellectually age past 16 years old, according to Minor.

"Those cognitive disabilities manifested themselves in a way where Lindy knew she was different," Minor said in her closing argument. "She was someone who just wanted to fit in. She wanted to be accepted. She wanted to be loved, and because of that strong desire that she had - to be accepted, to be normal, so to speak - it led her to be easily manipulated. You could almost call her a little bit naive."

The prosecution asserted Rosario purchased heroin at Cass' discretion on the night of her death. It also said that after the purchased heroin was used, Cass gave Rosario a "secret stash" of fentanyl he had, which ultimately caused her death.

In his closing argument, public defender Kirk McVay acknowledged that this is a tragic case.

"A woman lost her life needlessly," he said. "She lost her life as a result of the opioid epidemic."

He directed the jury to who purchased the drugs that evening.

"It was Lindy," he said. "Not Fred. The evidence is there. You may have to read between the lines a little bit, but the evidence is there."

In regard to the petty theft and identity fraud charges, where the prosecution said Cass made an electronic transfer of $500 from Rosario's checking account to pay for his credit card bill the day after she died, McVay said that was a very common occurrence.

"Couples do that all of the time," he said. "It's not uncommon. Maybe you have separate bank accounts, my wife and I do. Yet you pay one another's bills depending on who has money in their account."

He said the jury will see as they deliberate that Rosario completed three different wire transfers directly to Cass' credit card bill prior to her death.

Lastly, regarding Cass' many inconsistencies over the course of the investigation, McVay said his client was consistent where it counted.

"The state wants to point out of all of the inconsistencies," he said. "But Fred was consistent with the crucial facts. Once he was being investigated and interrogated, he was consistent about what happened."