Temperance woman sentenced for failure to stop in fatal accident

3/7/2012

It is unclear whether Christopher Moles would have survived being struck by a vehicle in while in the middle of a dark roadway, but the fact that Kadie McCurdy left the scene means that he never had a chance, a Lucas County Common Pleas Court judge said Wednesday.

McCurdy, 27, of Temperance was sentenced to three years community control, including six months at the Correctional Treatment Center, for failure to stop after an accident. She had previously pleaded no contest and was found guilty for the Aug. 20 incident that left Christopher Moles, 39, dead.

“What you did, or failed to do, is extremely serious, extremely serious,” Judge Linda Jennings said. “…To say your actions were irresponsible does not adequately define what happened that night.”

Authorities said that Moles was found on the pavement in the 700 block of West Laskey Road after 3 a.m. Aug. 20. He had been struck by a vehicle and died of his injuries. Police tracked down McCurdy’s car within 45 minutes. 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 percent, more than twice the 0.08 percent legal limit.

McCurdy said in court that she took full responsibility for her actions

“I want to sincerely apologize to the family,” McCurdy said in court. “I never meant to inflict any pain.”

As part of the sentence, Judge Jennings ordered 100 hours of community service with an alcohol and driving program if possible. McCurdy was also ordered to pay restitution of $2,675.07 for funeral expenses and her driver’s license was suspended for two years. If she violates condition of probation, McCurdy faces up to 18 months in prison, Judge Jennings said.

The judge dismissed a count of aggravated vehicular homicide as a part of the plea.

Authorities have said that information gathered since the indictment indicated that Moles might not have been easily visible and that Moles’ injuries were consistent with him sitting or kneeling in the roadway.

Defense attorney Stevin Groth said in court that his client was extremely remorseful for her actions and accepted responsibility. He noted that alcohol was a factor for both McCurdy and the victim and labeled the incident an “absolute tragedy.”

In a statement to the judge, Moles’ sister, Thais Narvaez-Dominguez, said that the events of Aug. 20 changed her life.

“The loss of Chris has left me without a brother, an uncle to my four children, and Chris’ six children that he will never be given any chance to ever restore a relationship with,” she tearfully said.

“…I see hope for all who have endured this tragedy, including myself. I seek acceptance of Kadie’s human behavior, knowing none of us are perfect,” she added. “. But I plead that you as the judge over this case see that even good people who commit a crime should be accountable for breaking the law and failing to exercise good judgment.”