By KENNETH HART - The Independent
CATLETTSBURG
May 02, 2008 11:54 pm
—
A Greenup County woman pleaded guilty Friday to a felony charge stemming from a drunk-driving accident in which she struck and killed a paralyzed man in a wheelchair with her minivan.
Stacie L. Boyd, 38, of Flatwoods, cried when Boyd Circuit Judge C. David Hagerman asked her if she was, in fact, the driver who ran over Stephen T. Mills the night of Oct. 17, 2007, as he was crossing Sixth Street in his motorized wheelchair.
“Yes, sir,” she replied, in a soft, tearful voice.
Boyd, who was indicted on a charge of second-degree manslaughter, pleaded guilty to a reduced charge of reckless homicide. Under the terms of her plea agreement, she will be sentenced to five years in prison.
Under state sentencing guidelines, Boyd will be eligible for parole consideration after she has served 20 percent of her time, or one year. She already has credit for 84 days served, and will spend another 28 days in the Boyd County Detention Center prior to her final sentencing on May 30. That means she will be eligible to meet with the parole board just over nine months after she enters the state prison system.
Boyd also will be sentenced to a year on a misdemeanor charge of leaving the scene of an accident. However, under state law, that sentence will run concurrently with her sentence for the felony conviction.
Mills’ family approved the plea agreement, assistant Commonwealth’s Attorney Scott Reese said.
Jeff Mills, the victim’s brother and guardian, said after court the family was not completely satisfied with the deal but considered it the best possible outcome.
“I just didn’t want any more stones cast at my brother,” he said. “I just really wanted it to be over with so he could finally have some peace.”
Boyd’s attorney, James W. Lyon Jr. of Greenup, said there were “difficult circumstances” on both sides of the case, and that he and his client were satisfied with the resolution given that.
“Stacie is extremely sorry about what happened,” he said. “If she could turn back the hands of time, I’m sure that she would.”
By pleading guilty, Boyd avoided a jury trial, which was scheduled to begin May 12.
According to police, Boyd was driving 45 to 50 mph in the 25 mph zone when her 2003 Kia Sedona made contact with Mills, who was paralyzed as the result of a 2005 police shooting in Virginia.
Boyd, a mother of four, told police she had been drinking at the American Legion post in Ashland prior to the mishap, and a blood test performed at Our Lady of Bellefonte Hospital following the incident showed that Boyd’s blood-alcohol content was .15, nearly double the level at which a person is assumed to be legally intoxicated in Kentucky.
Following the accident, Boyd drove to a friend’s house on Jones Street in Flatwoods, where she was arrested by Flatwoods police on a charge of driving under the influence.
Ashland police subsequently charged Boyd with running over Mills after finding the victim’s blood, bone fragments and tissue on the front end of her vehicle.
Boyd had been free on bond. Hagerman revoked her bail and ordered her placed in custody pending her final sentencing.
Boyd’s plea came four days after Gov. Steve Beshear signed into law a measure that makes it a felony for a driver to leave the scene of an accident involving a fatality or serious injury. The new law takes effect July 15.
KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.
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