ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT