пятница, 13 мая 2011 г.

Savannah man sentenced to 16 years in December death on Islands Expressway | savannahnow.com

A Savannah man Thursday was sentenced to 16 years in prison with seven to serve after admitting being under the influence of alcohol when he struck and killed 18-year-old Craig Loxton last December.

Jonathan Brett McKie, 38, also must complete 100 hours of community service, pay a $750 fine and complete drug and alcohol treatment as ordered, Chatham County Superior Court Judge Louisa Abbot ordered as part of a plea agreement with prosecutors.

Click here to read the plea statement from Jonathan Brett McKie and statements from the victim's family on how the Loxton's death has impacted them.

McKie, who has remained in jail since Dec. 14, appeared in court in shackles and a Chatham County jail green jumpsuit. He answered a number of questions from Abbot about the voluntariness of his plea but had no further comment.

The judge also denied a defense request that McKie receive first offender treatment, which would have allowed him to wipe his record clean after completing his sentence.

Assistant District Attorney Ann Elmore said the state’s evidence showed McKie attended a holiday party and went to a River Street bar before he proceeding home early Dec. 13 on the Islands Expressway overpass.

His vehicle struck Loxton, who was traveling home on a motor scooter from his job at a downtown pizzeria, from behind at the crest.

The scooter went under McKie’s car and Loxton was ejected to the shoulder of the road, she said. Loxton died of blunt-force trauma.

McKie then left the scene, where no evidence of braking was found.

He contacted officials through his lawyer the following Monday and surrendered that Tuesday when there was no longer any evidence of his blood-alcohol level, she said.

As part of the negotiated plea, McKie was sentenced to 15 years with seven to serve in prison and the remainder on probation on a vehicular homicide charge based on leaving the scene.

Elmore agreed to reduce a second vehicular homicide with DUI alcohol-less safe to drive charge for 12 months to be served consecutively to the first count.

The remaining charges were dismissed.

McKie also agreed to give a deposition for use in civil cases filed for Loxton’s death. He also has written a letter of apology to the victim’s family.

McKie in a written “plea statement” submitted to Abbot, admitted drinking at a private Christmas party as the Boar’s Head restaurant before going to a second party at Bernie’s.

“I had had enough to drink at the Boar’s Head that I was under the influence of alcohol and at the point where continued drinking would get me drunk.

“I was under the influence of alcohol when I got into my car and drove toward my house in Battery Point,” his statement read, adding he did not see Loxton’s motor scooter.

“Had I not consumed the amount of alcohol I did, or if I had stopped drinking alcohol after leaving the Boar’s Head, I believe this accident would not have occurred,” his statement read.

As members of the victim’s family watched from the gallery, McKie’s mother, Deborah McClellan, told them, “I am so very sorry. Every day we live with this as well. ... We’re just so sorry.”

In a crime victim impact statement submitted to the court, Vincent Loxton, the victim’s father, said, “I wonder to myself what my son was thinking about moments before his life was taken.”

“I wonder to myself it he had any idea he was about to die?”

And referring to McKie’s actions afterward, Loxton wrote: “There is no excuse for Mr. McKie to have killed my son. There is no excuse for leaving my beautiful boy to bleed to death like an animal on the side of the road and not call for help.”

And Loxton’s twin brother, Andrew Charles Loxton, wrote of the pain his death has caused the family.

“My lunch break at work (is) now the worst part of my day because there was not a day that went by where we didn’t call one another on our lunch breaks ... Even today I still wait for his phone call to hear him one last time.”

“We now have to suffer because of a drunk, irresponsible man.”

In arguing for first offender treatment, defense attorney Steven Beauvais said McKie made a “terrible, terrible decision that ended in a tragedy.”

He told the court McKie did return to the scene “very quickly after the accident” but panicked and left again.

While McKie has done everything he could since, “He cannot make it right. There is nothing he could ever do to make it right.”

He also conceded McKie had a DUI when he was 22 years old. “We believe he could go on and be a productive citizen.”

But, countered Elmore, first offender “does not rehabilitate him or not.” She cited his earlier DUI, adding “That did not wake him up.”

“The defendant did take a life,” she added.

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