House arrest, community service and probation ordered
Veramae Patricia Watson, 52, was sentenced on Friday to probation, house arrest and 240 hours of community service for causing death by reckless driving.
The sentence came four months after a Grand Court jury found her guilty of causing the death of Edwin Edwards by reckless driving having regard to the condition of her vehicle.
There was no defect in the vehicle itself, but Watson had hitched a trailer to it in a manner that proved unsafe. The trailer became detached as she drove and it veered into the path of an oncoming van, which then collided with a tree. Mr. Edwards, the driver, died of his injuries 10 days later. The incident occurred in September, 2007.
After the jury verdict, defence attorney Clyde Allen had asked for several adjournments so he could obtain material for his plea in mitigation.
On Friday, Justice Alexander Henderson heard those submissions. Senior Crown Counsel John Masters assisted the court with sentencing guidelines and precedents.
In passing sentence, the judge first emphasised there were no aggravating features to the offence. He said Watson showed a lapse in judgment when she attached rubber straps between the trailer and the vehicle because the hitching components on the front of the trailer and the back of the vehicle did not match.
Watson was driving in a safe manner at the time of the incident and mistakenly believed she could tow the trailer safely because she had done so previously, he said. Her attorney had advised she had no previous convictions.
The judge cited a Cayman Islands Court of Appeal decision, which indicated the sentencing range would be 12 to 18 months for a driving offence causing death when there were no aggravating features. A sentence not involving prison would be available only in exceptional circumstances.
Justice Henderson said he was permitted to take into account any exceptional circumstances, including hardship to a third party. He considered Watson’s to be an exceptional case and cautioned most similar convictions would result in sentences of imprisonment.
He ordered probation for two years, with house arrest for the first year. The only exceptions are she may be absent from home to perform her community service and on Saturdays from 8.30am to 2.30pm to attend church and to purchase necessities.
The judge directed her to report to a probation officer forthwith and thereafter as directed.
She is disqualified from driving for three years.
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Sorry, but a death is a death whether there were aggravated circumstances, or not….
Ms Watson was driving in a safe manner at the time of the incident and mistakenly believed she could tow the trailer safely because she had done so PREVIOUSLY… Her attorney had advised she had no previous convictions…. In other words Ms Watson didn’t get caught, before.
So hardly a lapse in judgement, the only problem in this instance was that the trailer came off the ‘jimmy rigged’ fastening and resulted in the fatal injuries to Mr Edwin Edwards.
How many more times would this have been carried out, if this unfortunate event had not occurred?
Perhaps we should see some published guidance for the towing of trailers, such as if the hitch don’t fit the towing vehicle, don’t use it,simple? When are hazzard flashers to be used? Are rear lights and indicators necessary? Should loads being carried be securely fastened and contained within the trailer body? In the UK I believe it is called the Highway Code. In Cayman it seems to be as the words of a song title,’anything goes’.