Felony hit and run, misdemeanor death by motor vehicle, no operator's license.
After hitting bicyclist David Sherman, she made a U-turn and drove off. Later, she explained the damage to her vehicle by saying she hit a deer.
So, does 14 to 17 months in prison sound about right?
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I started crying when the maximum sentence was 66 months. 14 to 17 months? And she gets to wait to show up until October 11th? David didn't get these considerations.
The court date apparently was manipulated into a pity party for the criminal. What a travesty!
What a travesty of justice! Poor people spend years in jail for selling dope and she gets a slap on the wrist (with time off for good behavior). We're worried about terrorists from abroad and she'll be out on our roads again in a few months driving and possibly killing again! (Who needs a license when you've got a good lawyer?) Dog abusers are more likely to get jail time than this woman. Shame on prosecutors for letting this happen!
Driving without a license and she killed somebody then lied and said she hit a deer. Should the sentence have been 14 years or more? I know someone who drove drunk, broke into a business and stole the cash (less than $1500), he got 7 - 9 years. I don't think our justice system is fair. It's just profitable to the lawyers who get rich getting creeps like this lady off with a slap on the wrist. And shame, shame, shame to the judge who accepted the deal!
I completely agree. Next to the sham of a trial for O.J. Simpson, this one is right up there with the best of them. Unbelievable! There is no justice if this is modern justice now. How much lower do we have to go to accomodate those in a good position to "buy" their way out of trouble. Her lawyer and the judge should never get a decent nights sleep again.
The poor victim's family sure isn't!
Not to me. I have no personal connection to this case and I am not a cyclist, but this outcome saddens me for the victim's family and makes me angry with our justice system. I cannot imagine what I would feel if my father/brother/son had been the victim in this case.
The convicted has a history of driving without a license, including having an outstanding bench warrant at the time of this tragedy for failure to appear in 2007 related to charges of driving without an operator’s license, driving without insurance, speeding, and driving the wrong way on a two-lane road. This same tragedy could have occurred in either 2007 or 2003 (when she was also charged for driving without an operator’s license and driving left of center). Given my very limited experience with the judicial system – observing some civil cases, sitting on the jury for a violent crime charge - facts like these are not admissible for fear they will unfairly prejudice the current proceedings.
As this case has progressed, I have wondered, given the defendant’s criminal history as listed in the N&R, why she seems to be perpetually without a license and why she still was out on the roads. There’s no point in speculating why she has not had a license for so long because I don’t know her legal history and someone will no doubt claim I’m leaping to conclusions. And, frankly, I don’t care why she didn’t have a license; simply stated, she had no legal right to be operating a motor vehicle on her birthday or any other day. She made the choice to take a drive that day in violation of the law, much like she probably did on many days. So she had recently had a medical procedure and was heavily medicated? Medications have warning labels. She made the choice to take them and then go celebrate her birthday.
So, once she serves her 14-17 months, she will be able to go back to her routine, whatever that is.
May she have enough conscience that she never take joy in her birthday again.
May she have enough conscience to never operate a motor vehicle again. However, given her history, I don’t have much hope of that. So, what I really hope is that she has enough of a conscience that she not operate a motor vehicle when she is impaired, whatever the cause.
May those involved in the criminal justice system recognize the “butterfly effect” of their actions and decisions – how a head-in-the-sand compromise in a plea bargain can lead to tragedy in the future. What if Ms. Dawson’s past offenses had led to real consequences? Would she have even been on the road that day? If she has another charge of driving without a license and left of center in the future, will this tragedy not be a factor in determining the sentence then?
May David Sherman’s family cherish his memory and put behind them whatever bitterness this sentence brings them.
This woman should never be able to drive again. She must have some "past" connections to get her out of this. She was driving with no license, not the 1st time, under the influence of prescriptions and/or alcohol, not the 1st time and kills a man. This woman should have gotten at least 10+ years. Why not take her tail to jail today? She gets to have a vacation before going to the pen. The justice system is ridiculous. A person kills someone and gets 14 to 17 months.......this is not justice. Praying for the victim's family.
The killer is claiming disability. She will cost taxpayers huge sums of money for her incarcerated free care. I only know of one female prison that operates an in-house hospital. She will be kicked out of prison quickly due to her claimed "sick-bay" statis. An eleven pill a day habit is expensive. Even generic opiates and steroids run up lots of money. A good personal injury attorney should be hired quickly. The husband that owned the vehicle and that allowed his stoned wife to drive is already storing his cash. Throwing away the keys to the cell and letting her rot would be pagan justice. It is too bad she doesn't get what she deserves.
This sentence is just so grossly unbelievable as to shock reasonable people. How the judicial system could fail so miserably defies common sense and this judge needs to explain his actions. If ever there was a travesty of justice, this case would win the award of being among the most egregious. And we can only wonder how long before this woman does something equally horrible or worse while being behind the wheel of a vehicle for which she should have forfeited any right to drive on North Carolina highways. Shame, shame, shame on this judge and our local judicial system.
That 14-17 months will be less than 6 months with good behavior and her medical condition. I'm very sure that she is extremely remorseful for her actions NOW that she was caught. She claims she knew nothing about the person that was killed by a hit and run in exactly the area she was driving despite heavy media coverage? And she said the extensive damage to her vehicle was caused by hitting a dear? It took the police showing up at her door for her to connect the dots? And of course I'm sure her past driving history could not be mentioned for fear of prejudicing the case. I understand that she was heavily medicated and should NEVER have been allowed to have access to a vehicle in that condition but the bottom line is we are responsible for our own actions. Pleading leniency for killing someone because of a medical condition and being under the influence of legally prescribed drugs (many of which I'm sure warned her against driving) is no different that pleading leniency for being an alcoholic (a recognized medical condition) and getting passing out drunk on (legal) alcohol. Our legal system is a joke. My sincere condolences to the victims family; even though no sentence would have brought back your loved one this outcome must be every bit as gut wrenching as that first phone call or knock on the door.
The crash involving Ms. Dawson and the victim here Mr. Sherman is a horrible event, we all can agree on that issue. The purpose of this response is to provide clarification of some of the issues and opinions shared. The question of does 14-17 months sound about right is not a fair question. Of course it doesnt on a human level!! But on a legal level lets take another look. The sentence handed down by Judge Davis was NOT a weak sentence under the laws of North Carolina. Remember, the Judge, the Defense and the Prosecutor are all held to the law that your Legislature writes. Under structured sentencing, which is the law, Ms. Dawson was NOT subject to 66 months maximum, she was actually subject to a maximum sentence on the felony to 16 to 20 months MAXIMUM because she has no prior record that can be used for felony sentencing. These are the structured sentencing laws of the State of North Carolina. Had Ms. Dawson been the worst of the worst (in a prior criminal record sense) then she would be subject to 66 months maximum. She had no prior criminal record for felony sentencing. Moreover, the judge couldve given her probation!!! He actually gave her almost the maximum he was allowed under the law. Also, there was absolutely no plea agreement. It was an open plea to what she was charged, sentencing left to the judge under the guidelines that the judge is bound by the law to follow. No reductions, no compromises. Ms. Dawson will spend 14-17 months in prison. There is no parole under structured sentencing. She will serve day for day. Is 14 to 17 months enough. Certainly not. How is it under the law is another question. Dont just blindly follow or believe what you read. Review the documents that detail her charges and plea to the court of guilty. They are public record. Then review the laws of structured sentencing. Then maybe it will become clear that Ms. Dawson (under the laws of North Carolina) wasnt able to "get out of trouble" with a good lawyer, or that the judge handed down a light sentence or that the prosecutor allowed a "plea deal". Maybe it will become clear that the real issue (legally) is the law and the punishment allowed under the law for the actions of Ms. Dawson. The only folks that can change that is your legislature.
Thanks for adding clarity to the legal issues. Perhaps this will spark an effort to put more teeth into the felony hit-and-run law for cases where a life is taken.
You make very good points and I hope everyone realizes here the problem was not the judge but the judicial system as a whole and the inflexibility that would allow someone who, while I'm sure it was not their intent, took a life while driving under the influence of prescription drugs and then only expressed remorse after being caught. Ignorance of what the drugs or other substances you may be putting into your body will do to you is not an excuse. But the one issue I hope you will respond to is your statement that there will be "no reductions, no compromises", "she will serve day for day". My question to you is this; what is the sentence? Is it 14 or 17 months? Since there is a 90 day "window" mentioned it does seem to me that there is some wiggle room. If this was the final sentencing in this case then I would think there will be reductions based on the 14-17 month sentence window. Please elaborate on what you are basing your "she will serve day for day" statement on and what the exact sentence is.
Clarity is exactly right in how he characterized the situation. Judge Davis gave almost what was the absolute maximum he could under N.C. Structured Sentencing guidelines and taking into account Dawson had no prior criminal record.
Structured Sentencing takes into account numerous factors a judge must weigh in rendering a sentence, which aims to be fair to all parties involved. Some people will and have in this series of comments said they don't feel the punishment fit the crime, however under state law, that's all that the judge could levy.
It was the same situation when people were outraged about the light sentenced rendered in the Lashawn Whitehead case earlier this year for burning a dog that ultimately led to Susie's law, which bumped up the felony level for animal cruelty cases. Now offenders must serve at least some jail time, unlike Whitehead who got probation for that particular charge.
If you are outraged, call your representatives in Raleigh - they write the laws and adopt the rules in which the judge must abide by. As Susie's Law showed, with enough support, laws can be changed.
I'm the reporter who was in the courtroom for the N&R and because of space limitations in tomorrow's print edition, I was unable to explain more about the sentence and why it was so lenient. I will try and address that at some point tomorrow on the Crime Scene blog.
The case is typical of the joke our judicial system has become. What ticks me of the most is why I never see or hear no one complaining about the light sentences handed down to those who abuse and molest children.
One other point I'd like to make is this,since there's a group that's exposed the disparities of sentencing based on race, there should also be a group that exposes the disparities of sentencing based on gender as well.
The fact that she should not have been on the road in the first place because of her revoked license is amazing that such a light sentence was given.
What if she did not have her license revoked would the sentence have been even lighter?
Perhaps another ghost bike needs to appear in Ms. Dawson's yard. 14 - 17 YEARS in prison wouldn't have been enough. And I hope Locke Clifford can sleep peacefully each and every night after such a performance in the courtroom. David, we miss you.
I'm not usually a big fan of lawsuits, but in this case I think the bicyclist's family should pull out all the stops--unless the pain is just too much for them to endure a civil suit. There should be enough financial damages awarded that that woman never has access to a vehicle again and that nobody in her family will ever again let her within a mile of a set of car keys.
Also, nobody has mentioned that everyone who saw her that day, knew she was driving, and did not stop her is an accessory to murder--not according to NC law, but according to civilized morals..
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