A plea agreement submitted for approval in Kosciusko Superior Court III for a driving while intoxicated causing death case was rejected this morning.
Samuel Davis Jr., 34, Warsaw, is accused of being the driver in an auto accident that claimed the life of Victoria L. Anderson, 22, Warsaw. The green Saturn Davis allegedly was driving hit a tree near the intersection of Old 30 and CR 350W, Warsaw in the early morning hours of March 2.
Anderson suffered massive internal injuries and head trauma and was pronounced dead at the scene.
A plea agreement negotiated by Davis's attorney Christopher Kehler and Kosciusko County Deputy Prosecuting Attorney Doug Fahl was rejected by Judge Joe Sutton.
Davis is charged with driving while intoxicated causing death, a Class B felony. The plea agreement proposed would have reduced the charge to a Class C felony, with a minimum license suspension and restitution totaling less than $1,000. The sentence for a Class C felony is anywhere from two to eight years in prison with a fine of up to $10,000. The sentence for a Class B felony is between six and 20 years in prison with a maximum fine of $10,000.
According to Indiana law, driving while intoxicated causing death is a Class C felony unless the person who committed the crime has a previous conviction of driving while intoxicated. In that case, the crime is a Class B felony.
Sutton said he thought the plea agreement was "too soft," and said he did not feel there was enough jail time or restitution in the deal. He also said he did not approve of the minimum license suspension.
Sutton said the court rejected the plea because it was not in line with the of the nature of the charge and Davis's previous criminal history.
Kehler said that accepting a plea agreement would avoid the uncertainty that happens with a trial, and that a trial would prevent Anderson's family members and friends the "anguish of going through a trial."
After Sutton announced his rejection of the plea, members of Anderson's family who were present in the courtroom said, "Thank you, Your Honor" before Sutton advised that no comments were necessary.
Davis's not guilty plea was re-instated, and Sutton extended the deadline to come up with another plea agreement to July 9. If no agreement is reached, Davis's trial will begin Sept. 13 at 8 a.m.
Davis was pinned behind the steering wheel in the accident and had to be extricated before being airlifted to Parkview Hospital, Fort Wayne. He spent several days in the hospital before being released and eventually booked into the Kosciusko County Jail March 15 with a bond of $50,000.
