Woman’s sentence revised because she is not among ‘worst offenders’

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A home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed chase led to a crash and the death of the patient from injuries she sustained.

In Christina M. Kovats v. State of Indiana, 15A01-1205-CR-224, Christina Kovats raised double jeopardy concerns regarding her convictions of Class D felony operating a vehicle while intoxicated and Class D felony criminal recklessness. She claimed the trial court shouldn’t have considered that N.C. died shortly after being injured in the wreck as an aggravating factor in sentencing.

Kovats stopped for gas while N.C. was in the car with her, but she left without paying. Police pursued her at high speeds, leading Kovats to crash the vehicle. N.C. suffered very severe injuries and died six weeks later. Kovats tested positive for having a high concentration of oxymorphone in her system after the accident.

The trial court merged the OWI and criminal recklessness convictions into the Class B felony neglect conviction but did not vacate those two judgments. Kovats was sentenced to 20 years in prison.

The two Class D felonies were elevated based on the same serious bodily injury caused to N.C., so those convictions need to be vacated, the appellate judges concluded. The OWI conviction should be entered as the lesser-included offense of a Class A misdemeanor because that does not require proof of serious bodily injury.

The COA didn’t address Kovats’ claim that the trial court shouldn’t have considered N.C.’s death as an aggravating factor in sentencing because the judges decided the trial court should revise her sentence from 20 years to 15. Even though her crime was wholly unnecessary and senseless and fits within the classification of the worse offense, her character doesn’t lend to her being classified as a “worst offender” to justify the maximum sentence, the COA held.

She does have a criminal past, mostly tied to her drug addiction, and she has sought treatment for her addiction in jail. She also has four children, one of whom suffers from cystic fibrosis.

The case is remanded with instructions.



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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues