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Published: Monday, 1/23/2012 - Updated: 2 years ago

Driver to be sentenced in pedestrian's death

BY ERICA BLAKE
BLADE STAFF WRITER
Kadie P. McCurdy of Temperance has pleaded no contest to one count  of failure to stop after an accident. She was arrested on August 20 on charges of vehicular homicide in connection with the death of a pedestrian in the 700 block of West Laskey. Kadie P. McCurdy of Temperance has pleaded no contest to one count of failure to stop after an accident. She was arrested on August 20 on charges of vehicular homicide in connection with the death of a pedestrian in the 700 block of West Laskey.
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After hitting a man in the dark roadway with her vehicle, Kadie P. McCurdy left the scene and the dying man – but she also left behind her license plate, authorities said.

McCurdy, 27, of Temperance, pleaded no contest in Lucas County Common Pleas Court Monday to one count of failure to stop after an accident. She was found guilty of causing the Aug. 20 crash that killed Christopher Moles, 39.

McCurdy faces up to three years in prison and driver’s license suspension when sentenced March 7 by Judge Linda Jennings. A second charged of aggravated vehicular homicide will be dismissed at her sentencing.

Authorities said that Moles was found in the roadway in the 700 block of West Laskey Road after 3 a.m. Aug. 20. He had been struck by a vehicle and died from his injuries, Assistant County Prosecutor Clint Wasserman said in court.

After finding a license plate near the scene, police were able to track down Ms. McCurdy’s car within 45 minutes.

Mr. Wasserman said that both McCurdy and her passenger had been drinking, as had the victim. Court records showed that McCurdy had a blood-alcohol content of 0.182, more than twice the 0.08 legal limit.

Moles’ family members appeared in court Monday to watch the proceedings. Vincent Dominguez, Moles’ brother-in-law, said after the hearing that he was disappointed in what he said was the showing of little remorse. He said that although he was glad “there was some justice,” he believed ultimately, McCurdy “got off light.”

Thais Narvez-Dominguez said her brother had had some problems in the past but that he had been putting himself back on track. She said she knew that her brother had been drinking alcohol that night but that unlike McCurdy, he chose not to drive.

“He’s allowed to go out and enjoy himself. But you’re not allowed to drive drunk and she did,” Mrs. Narvez-Dominguez said tearfully. “He chose do the right thing and she didn’t. She’s going home and he’s not.”

John Weglian, chief of the special units division of the prosecutor’s office, said that information gathered since the indictment indicated that Moles might not have been easily visible.

“The injuries sustained by the victim were consistent with the victim being in the roadway, possibly sitting or kneeling,” Mr. Weglian said. “One always weighs a doubt against a certainty and [the charge of] leaving the scene of an injury accident was a certainty.”

Attorney Stevin Groth said that the defense had employed private investigators and experts to review the scene and the physical evidence in the case. He said that the findings could have “gone a number of ways” had both charges proceeded to trial.

In particular, the position of Moles’ body and the evidence on the roadway were all taken into account to result in the plea.

“My client is definitely remorseful,” he said, noting that she has no previous criminal record. “I’m sure she thinks about it every day and about the victim.”

Mr. Groth said that any alcohol level would likely be considered by the judge for sentencing.

Judge Jennings noted in court that McCurdy also agreed to pay restitution for Moles’ funeral to his family in the amount of $2,577.03.

Contact Erica Blake at:

eblake@theblade.com

or 419-213-2134.



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