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Fatal crash driver jailed



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By Gordon Dritschilo Herald Staff - Published: January 13, 2009

MIDDLEBURY — A Rutland woman was sentenced Monday to three months in prison for her role in a car crash that killed a Rutland man.

Andrea Minard-Hawkins, 33, of Prospect Street, pleaded no contest in November to a single misdemeanor charge of careless and negligent operation in connection with the three-car accident last year.

Michael Johnson of Rutland, who police said was also known as Kenyatta Abdul Aleem, was killed in the accident. Johnson was the father of Minard-Hawkins' daughter.

Middlebury District Court Judge Cortland Corsones sentenced Minard-Hawkins to six to 12 months, suspended with probation except for three months to serve. Conditions of her probation include that she not drive without permission of her probation officer and that she complete a driver's education course.

Police said Minard-Hawkins was driving north on Route 7 when she crossed the center line going around a sharp curve, side-swiping an oncoming car and knocking it into a guardrail. Police said Minard-Hawkins continued north in the southbound lane, hitting a Dodge transit van.

Johnson was a passenger in Minard-Hawkins' car, along with their daughter. Police said they were going to Salisbury to look at a puppy. Police said there was no indication she was under the influence of alcohol or drugs.

Minard-Hawkins spoke softly as she addressed the court, apologizing for the accident. She said she did not remember what happened.

Laura Frolish of Saratoga Springs, N.Y., one of the people hurt in the accident, made a statement describing returning with friends from a weekend trip to Burlington when Minard-Hawkins car appeared in front of them.

"We just thought we were all dead at that point," she said. "I just thought I'd like to see who caused such grief for me."

Frolish said she and her friends have hired a lawyer and that although she drove alone to the Middlebury court that day, she was still afraid of driving. She said she thought Minard-Hawkins should spend time in jail.

Addison County State's Attorney John Quinn agreed, arguing for a sentence of 30 days in jail along with probation.

"This crash not only killed Michael Johnson," he said. "It also sent about eight or nine or 10 other people to the hospital. … I think the court needs to send a message to her and to others that when you're driving these 5,000-pound vehicles down the road, they are weapons that can kill and maim people."

Minard-Hawkins' attorney, Jerry Schwarz, argued that a jail sentence would be little use as a deterrent in a case of simple negligence, unlike with crimes such as burglary, where the defendant generally thinks about the act before doing it.

"It's hard to deter an unintentional act," he said.

Judge Corsones disagreed.

"When you're driving a motor vehicle, even a moment of inattentiveness … can have horrific results," he said. "Deterrence is appropriate because inattentiveness can, to a degree, be avoided."

Contact Gordon Dritschilo at gordon.dritschilo@rutlandherald.com.








READER COMMENTS


just like justice none said unless you know the people!
iam one of the daughters to the man who was killed and i know! so for all the people who say forgive and forget
do not judge unless you know all the facts! now his 5 daughters not just the one in the car all have to live with out a father thank the good lord us 5 girls are close and he raised us to be strong and loved all so dearly.we love you dad and miss you god bless. love your 5 little angels
-- Posted by jasmin johnson on Wed, Jan 14, 2009, 9:48 am EST

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if it was someone else , would they get 3 months for a accident ? i guess its all in who you know and where you work !
-- Posted by regina barney on Tue, Jan 13, 2009, 11:56 pm EST

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As if the accident and the death of her boyfriend and father of her child wasn't enough for her to have to live with for the rest of her life... now we're going to insist on punishing her further to really dig that knife in her heart more. It was an accident, which I might add, we all make in some form or another... maybe for most of us it's not as severe as this situation. That's the problem, we don't know how to forgive people for anything... yet another reason why this world is so full of hate. But let's keep letting those drug dealers and users keep killing people. Their "accidents" are more acceptable right?
-- Posted by Dragonfly Chick on Tue, Jan 13, 2009, 11:27 pm EST

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He who lives by the sword shall die by the sword. Those who truly know the people involved will know what I mean.
-- Posted by Justice None on Tue, Jan 13, 2009, 8:51 pm EST

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This was a terrible accident, but it was an accident. If everyone who had an accident went to jail, would there be anyone left on the outside?
It seems like having to live with this is more than enough punishment and to put this woman in jail is draconian. She is being punished for being an imperfect human and so is her child. There was no malice or ill intent here. It was not a willful act, it was an accident.
-- Posted by Comfy Anon on Tue, Jan 13, 2009, 5:37 pm EST

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This girl does not deserve to serve time.
I was at this scene- all the photo's you've seen, were my photography-


Sad situation, but ya know, let this women be with her daughter (which is the child of the mad who died)

very sad.
-- Posted by Leo Porter on Tue, Jan 13, 2009, 3:44 pm EST

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i don't think this is right at all.I knew mike i worked with him for a long time.And i'm sorry what happen he was a great guy with several kid that he left behind.But i also know his girlfriend and she would never do anything to hurt mike,she would die for him she is a very sweet girl and she doesn't deserve any jail time and accident is and accident. and yes it does happen every day. my thoughts and prayers go out to everybody that was involved.
-- Posted by nobody sargent on Tue, Jan 13, 2009, 1:55 pm EST

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Well, when traumatic events happen I.E Hitting someone with a car whom later dies. Your subconscious defense mechanisms would take over and you may not remember anything. Accidents happen it was unintentional, people cross over the center line ALL THE TIME. Give the woman a break, i feel terrible for the family of the deceased and she should pay some time, but you seem to like the taste of blood and retribution.
-- Posted by None None on Tue, Jan 13, 2009, 10:06 am EST

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I don't get it. A death resulting from a car accident. Continued in the north bound lane, can't remember anything? Then getting, basicly a slap on the wrist? My thoughts and prayers are with the Aleem family.
-- Posted by Jane Doe on Tue, Jan 13, 2009, 8:13 am EST

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