A Nappanee woman will serve eight years in prison for wrecking her vehicle while under the influence, which resulted in a child in her vehicle being paralyzed.
Alisha Nicole Rowe, 39, 558 N. Elm St., Nappanee, was charged with neglect of a dependent resulting in serious injury, a level 3 felony; and causing serious bodily injury when operating a vehicle while intoxicated, a level 5 felony. Two additional criminal charges were dismissed as part of a plea agreement.
Rowe was sentenced in Kosciusko Superior Court I on Thursday.
For neglect, Kosciusko Superior Court I Judge Karin McGrath sentenced Rowe to 12 years in the Indiana Department of Correction, with eight years executed and four years suspended on probation. She also received a three-year DOC sentence for her OWI charge, with that sentence to be served at the same time as the neglect sentence.
In total, Rowe received a 12-year DOC sentence, with eight years executed and four years suspended.
She has 132 days of jail time credit. A no-contact order between Rowe and the child injured in the accident was vacated.
At sentencing, defense attorney Jay Rigdon called Rowe's family case manager for testimony. The FCM said the child injured in the vehicle accident was paralyzed and utilizing a wheelchair, "but is adapting well." She also said the child has other health risks related to their injuries.
She said the child, who is in their grandparents' care with two other children, expressed an interest in speaking with Rowe and was particularly upset they couldn't speak with her on her birthday. When criminal charges were filed against Rowe, she received a no-contact order prohibiting her from any communication with the child.
The FCM recommended Rowe have visits with the children and undergo therapy. She also said she witnessed indications of remorsefulness several times from Rowe during visits.
Deputy Prosecuting Attorney Joseph Sobek said there was an "inescapable irony" with this case.
"She seriously harmed this child," said Sobek.
Rigdon asked the court to discontinue the no-contact order between Rowe and the child. He also focused on the hardship Rowe's incarceration would have on the children and requested a local sentence.
"A local sentence will do the same thing as a DOC punishment would," said Rigdon. "And it would be the best solution for the children."
Due to her emotional state, Rowe had Rigdon read a letter out loud to the court on her behalf. Rowe apologized for her actions and described the accident as "one of the most terrible mistakes of my life."
"I will live with the pain and consequences for the rest of my life, as will (the child)," said Rowe. "(The child) and their injuries are a constant reminder of my terrible judgment."
Rowe said she received information on the child's well-being from a relative and was experiencing her own health issues after the accident. When released, Rowe said she would engage in physical therapy, return to work and undergo substance abuse therapy.
"I can't wait to continue to be the mother I can be," said Rowe.
McGrath noted multiple aggravators in the case, including the harm caused to the child and their age, and Rowe's prior criminal history. She noted Rowe had children at the time of her prior crimes.
"You said you can't wait to be the mom that you are," said McGrath. "I hope not. I hope you're the mom that they deserve you to be."
McGrath also commented on the tragedy of this case, including the emotional effect this would have on the child and their siblings.
Affidavit Of Probable Cause
On April 5, a Kosciusko County Sheriff's Office sergeant responded to a single-vehicle accident at East CR 1000N and North CR 450E, Syracuse.
Upon investigation, the sergeant determined a Chevrolet Trailblazer was traveling west on East CR 1000N when it left the northern edge of the roadway for an unknown reason. The vehicle then began sliding sideways through a harvested field to the east of North CR 450E. While it was sliding, the Trailblazer continued across North CR 450E.
According to court documents, after crossing CR 450E, the Trailblazer hit a stop sign and street sign, traveling a short distance before overturning twice. When the vehicle overturned, its two occupants were ejected from the vehicle.
The Trailblazer's driver, later identified as Rowe, was found lying outside the vehicle in the roadway. A 9-year-old child was found in a nearby ditch. The child was conscious at the scene, but was complaining of back pain and unable to feel their legs.
The child said they were a front seat passenger and were not wearing a seatbelt at the time of the accident. They were taken to Fort Wayne Lutheran Hospital for further treatment.
A KCSO deputy spoke with a witness, who said he heard an "awful noise" and saw a vehicle flying through the air, about four or five feet off the ground. The witness went to the Trailblazer immediately after the accident occurred and found Rowe in the roadway.
A second witness said he saw the Trailblazer disregard a stop sign and travel at a speed significantly faster than the speed limit.
On April 7, a KCSO deputy received an update on the child's condition. The child had been transferred to an Indianapolis hospital, where they underwent back surgery for a spinal fuse. They also had a collapsed lung and two fractured scapulae.
Rowe was on a ventilator on April 7 following the accident. She sustained a neck injury compromising an artery that carries blood to the brain.
Airbag control module diagnostics on the Trailblazer revealed it was traveling at 98 mph five seconds prior to the airbags being deployed. Both Rowe and the child's seatbelts were recorded as unbuckled. The brake switch indicated applied brakes were off for the entire five seconds prior to the airbags being deployed.
Blood results for Rowe showed her BAC was equivalent to 0.11 grams of alcohol per 100 milliliters of her blood. She also tested positive for meth and marijuana.