Continuously serving Kosciusko County since 1854
"Nothing I say is going to make anybody in this room happy," Kosciusko Circuit Court Judge Rex Reed told the families of Jill Carpenter and Edwin Lynch before he sentenced Lynch Thursday afternoon to three years in prison.
"Making someone feel good or not feel good is not what the law is about," Reed said. "We're here to do justice."
Lynch pleaded guilty to reckless homicide in the March 29,1999, death of Carpenter. Carpenter, of Etna Green, was stopped for a red light on U.S. 30 at CR 150W when her car was struck from behind by a semi tractor/trailer driven by Lynch.
Several of the 20 family members and friends representing Carpenter cried softly during the hearing. Carpenter's father, Jeff Yoder, spoke on behalf of the family, telling the court the impact his daughter's loss has had upon those who knew and loved her.
"Three years ago, I lost one of the nicest daughters that anybody could ever have," Yoder said of the 33-year-old mother of two. "She died needlessly and it has affected me ever since."
Yoder said Carpenter had "a tremendous job and a bright future. She was a daughter that anybody could be proud of."
Referring to the accident that took Carpenter's life, Yoder said, "This is something that didn't have to happen. Something that in 10 or 12 seconds destroyed a lot of lives. I hope, Mr. Lynch, you know what you did to those people over there," he said, pointing at the family and friends gathered in the courtroom, "and also to your wife."
Lynch's wife, whom defense attorney Jay Rigdon said is ill, began sobbing when the sentence was announced.
Prior to sentencing, Lynch turned to the family and apologized for what happened. Rigdon said no apology was made prior to that time because of the impact Lynch's words could have had on both the civil and criminal matters that were pending.
"I'm sorry," Lynch said. "It was an accident that wasn't meant to be. If it could have been prevented, I would have ... I think about it every day of my life just like you people do. I'm sorry."
Reed said that mitigating factors in the case - including the fact that Lynch has no criminal history, that he is not considered at risk for committing another crime, the hardship his imprisonment would create on his family and that he finally has shown remorse by offering his apology - outweigh the aggravating factors in the case.
This case is unique because it is one of only a few reckless homicide cases ever prosecuted in Indiana that did not involve alcohol or drugs, drag racing or road rage, officials said.
Reed said Lynch was reckless by being inattentive to road and weather conditions.
"As a professional driver, you knew or should have known what was up ahead," Reed said. "I don't know how you could be so inattentive."
At the time of the Lynch-Carpenter accident, there were two police cars parked outside the intersection with their emergency lights in operation while investigating another accident at the same intersection on the foggy morning. Police reports indicate that an officer "could see the semi clearing as it crested the hill" approaching the intersection, Kosciusko County Prosecutor Charles Waggoner said. One officer waved his arms at the driver of the semi to get his attention and slow him down, but Lynch's rig ran up over Carpenter's car, trapping her inside. She later died of her injuries.
The sentence range for a Class C felony is two to eight years. In a plea agreement, Waggoner and Rigdon agreed to a cap of three years in prison for Lynch. Reed could have sentenced Lynch to any amount of time within the allowable range, but anything more than three years would have been suspended for probation.
Lynch also was ordered to pay court costs and a $100 fine. His driving privileges are suspended for two years.
