8-year sentence upheld for teen who killed friend while street racing

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A Madison County man who crashed his car while street racing, which killed one passenger and injured two others, could not convince the Indiana Court of Appeals that the trial court erred in declining to give a lesser-included instruction of reckless driving at his trial for reckless homicide.

In Paul J. Coy v. State of Indiana, 48A02-1301-CR-65, 19-year-old Paul Coy picked up 17-year-old Darian Hurn and two female teens from school early. The group met up with Mike Ducheteau and his friends. Hurn asked if Ducheteau wanted to race. While racing on the rural two-lane road, Coy’s car got up to 106 mph. He lost control and crashed, severely injuring Hurn and the teen girls. Hurn died the next day from his injuries.

Coy was charged with and convicted of Class C felony reckless homicide and two counts of Class C felony criminal recklessness. As a condition of being released on bond, he signed a protective order promising not to have any contact with anyone in the car. Despite this, he continued to communicate with A.K., one of the teen girls, who was his girlfriend.

He requested an instruction for reckless driving be provided as a lesser-included offense of reckless homicide; the court refused. He was sentenced to eight years on the homicide charge and three years each for the criminal recklessness charges, to be served concurrently.

Coy asserted the following: that the trial court erred in refusing to allow the lesser-included offense of reckless driving to be argued and included in the jury instructions; that the state presented a fatal variation between the charging information and the proof at trial; that the trial court abused its discretion in imposing the maximum sentence for reckless homicide; and that his sentence is inappropriate in light of the nature of the offense and his character.

The Court of Appeals found Coy waived the issue of the lesser-included offense instruction, but waiver notwithstanding, because there was no serious evidentiary dispute over the elements that distinguish the crime charged from the lesser-included offense, the trial court did not abuse its discretion in failing to give an instruction for Class B misdemeanor reckless driving.

The judges also found there was not a fatal variation in the charging information and that the trial court did not abuse its discretion by considering aggravators and failing to consider or give proper weight to mitigators. Coy’s eight-year sentence is appropriate in light of the nature of the offenses and his character, the judges concluded. He only had one previous speeding ticket, but through his actions, has shown a disregard for the law, including speaking with A.K. after being ordered not to.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...