Fatal crash driver jailed
Toolbox
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.
30