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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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