Bicycles. Cars. Hit-and-runs. Probated sentences. The beat goes on.
A Texas woman convicted of striking a bicyclist and not stopping to help was sentenced to five years probation and a six-month probated jail sentence. The cyclist died five months later.
The Lubbock jurors deliberated two hours before coming up with this ridiculous sentence. It means the hit-and-run driver won't serve any jail time as long as she abides by the terms of her probation for five years.
In his closing arguments, the prosecutor asked for the five-year maximum sentence:
“Why would you consider probation for someone that didn't even give Brett the consideration some people would give a dog.”
Night ride
The woman's attorney responded that sending his client to prison wouldn't bring back the dead cyclist and nothing could reduce the pain of the tragedy, reports the Lubbock Avalanche-Journal.
The collision happened back in 2003 when Brett Walrath and his buddy Antwan Alexander were riding their bikes along a frontage road after 10 p.m. Alexander testified he saw headlights over his right shoulder, a Lexus hit Walrath and knocked him into the air and flipped him over two or three times.
When Walrath hit the pavement the Lexus did not slow down and kept going. As other motorists stopped to help, Alexander called 9-1-1, and Walrath was hit by a second motorist.
Alexander testified that he and Walrath might have made bad choices by going out for a late-night ride, especially after Walrath's pregnant wife urged them not to go, but regardless, the Lexus driver did not stop.
Second trial
Earlier in the trial, a witness at the chaotic collision scene was asked why she stopped. She said, “How could you leave somebody there?”
This is the second time that the driver of the Lexus, Callie Long, escaped jail time from charges stemming from the collision.
Long was convicted of intoxicated manslaughter in 2005 and received a two-year sentence. An appeals court overturned that verdict, saying the jury was not told it could consider a less charge of driving while intoxicated.
Prosecutors can either appeal that overturned verdict, or try the case again.
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