Thrusday, January 07, 1999
Plea deal for driver angers injured boy's family
BY JANICE MORSE
The Cincinnati Enquirer
HANOVER TOWNSHIP — Leaton D. Isaacs, the driver accused of speeding past another vehicle in a no-passing zone and striking Devin Carr, pleaded guilty Wednesday — but not guilty enough, the boy and his family say.
“Easily, Devin could have been killed, but this guy didn't even get any jail time? I can't believe it,” said Devin's mother, Deanna. “It kind of sends a message that everything Devin has been through doesn't matter.”
Devin was waiting for his school bus outside his Hanover Township home on Oct. 29 when the car hit him. He was catapulted 30 feet and suffered severe brain damage but has been recovering remarkably at Children's Hospital Medical Center. On Wednesday, Devin, 12, overheard his mother telling the news: Mr. Isaacs pleaded to a reduced charge, was fined $250 and his 30-day jail sentence was suspended — without the Carrs' prior knowledge.
“Devin said, "Maybe I shouldn't be doing so good,' meaning that maybe then this guy would get some punishment,” Mrs. Carr said, noting that Devin is scheduled to be released from Children's on Friday. “I'm just in tears. I want him to be punished for what he did, not let off because Devin is doing so well.”
Mr. Isaacs, 33, couldn't be reached Wednesday. His lawyer, the prosecutor and the judge in the case didn't immediately return phone calls.
Meanwhile, the Carr family is questioning the fairness of the court system and the effectiveness of programs designed to protect victims' rights.
“I don't want to be vindictive, but I thought there would at least be some jail time — some punishment more than this — and nobody ever even called us to talk about what was going to happen in court,” Mrs. Carr said. “I just don't understand.”
Linda Scarth, head of the victim-witness division for the Butler County Prosecutor's Office, said her office doesn't become involved in a case unless it involves a felony charge and is transferred to the Common Pleas Court.
Mr. Isaacs' case was handled in Butler County Area II Court because reckless operation, the charge to which he pleaded, is a traffic offense and not a felony.
He originally was charged with aggravated vehicular assault, speeding and improper passing.
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