Reckless homicide leads to prison term
2012-08-24T23:28:00Z Reckless homicide leads to prison term JG-TC.com
CHARLESTON — A truck driver's recklessness that caused a multi-fatality accident on Interstate 57 near Mattoon on Memorial Day 2010 was too serious to keep him from receiving prison time, a judge concluded Friday.
Everett N. Van Duzee was distracted at the time of the accident, and while that's something many driver's are guilty of, "the type of vehicle he was driving" made the circumstances different, Circuit Judge James Glenn said. Glenn then sentenced Van Duzee to 2½ years in prison, noting that he took his eyes off the road when traffic had slowed or stopped for road construction.
"That raises the stakes, and it's conduct we have to find a way to deter other people from doing," Glenn said.
Van Duzee, 57, of New Iberia, La., pleaded guilty in May to charges of reckless homicide and aggravated reckless driving. He admitted causing the accident that killed three Mississippi women, injured several others and impacted eight other vehicles on the interstate north of Mattoon on May 31, 2010.
The women who died were Sheila H. Douglas, 61, of Batesville, Miss.; Doris Hamblin-Mayo, 68, of Sarah, Miss.; and Juanita Hall, 80, also of Sarah, Miss. Their vehicle was the first that Van Duzee's truck hit, the gas tank ruptured and the vehicle caught fire. Another woman in their vehicle, Deborah Ann Faust of Sardis, Miss., was one of the people injured.
On Friday during a sentencing hearing that took most of the day, Glenn said "what really matters" is what was alleged in the charges to which Van Duzee pleaded guilty. The judge noted that he admitted driving for longer than legally allowed, taking his eyes off the road, not slowing down and "failing to maintain control" of his truck.
During the hearing, Assistant State's Attorney Bryant Hitchings asked Glenn to sentence Van Duzee to five years in prison while defense attorney Michael Reid recommended probation.
When Van Duzee pleaded guilty, Glenn and the case's attorneys agreed to five years in prison as the maximum possible sentence. Without that limit, Van Duzee could have received up to 10 years in prison.
Among the prosecution's witnesses Friday was Tim Douglas, the son of Sheila Douglas, who said his mother and the other women were traveling to Illinois to visit Amish country. He said he was talking to his mother on her cellphone at the time of the accident, relating that he heard a "whirlwind type of sound," was disconnected and never spoke to her again.
Douglas also said Faust, his aunt, suffered serious burns, loss of vision and other serious injuries, and said the accident has been difficult for his family.
"She'll never see my boy get married," Douglas said of his mother. "She'll never get to be a great-grandmother."
Van Duzee bowed his head and held it in his hands during Douglas' testimony. He showed little or no emotion through most of the rest of the hearing, including when Glenn announced the sentence.
However, he became tearful during his own testimony, as did members of his family who attended the hearing. He said he understands how the women's family feels because he knows how he'd feel if it happened to his.
"The accident traumatized me to the point that I wanted to take my life," Van Duzee said. "It's regrettable that their family will ever have to be without them. I am so sorry."
Charges accusing Van Duzee of falsifying driving records were dismissed when he pleaded guilty. However, there was evidence about that Friday, and Hitchings argued that part of Van Duzee's recklessness was because he was behind schedule.
"Rather than being late to deliver the load, he fudges the log book," Hitchings said. "The defendant pays no attention to his reckless actions. He had a conscious disregard for other people on the road."
Reid asked Glenn to consider Van Duzee's remorse. He noted that Van Duzee gave up truck driving because of the accident, though that hurt his family financially, so there's little risk he'd repeat what he did.
"No punishment could do more than he's done to himself," Reid said. "There's been enough loss."
At the end of the hearing, Glenn denied Reid's request that Van Duzee be given time before his prison sentence begins in order to attend to personal matters. The judge did allow him a brief final visit with his family before he was taken into custody.
Contact Fopay at dfopay@jg-tc.com or 217-238-6858.
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