Article published October 05, 2005
CELL PHONE DISTRACTION
Driver who killed 5-year-old boy is sentenced
Judge orders 18 months in jail for Clay Township woman
Angelique Dipman, with her attorney, Joseph Westmeyer III, apologized to the victim's mother during her sentencing.
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THE BLADE/ALLAN DETRICH
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By CLYDE HUGHES
BLADE STAFF WRITER
An Ottawa County motorist who was distracted by her cell phone when she struck and killed a 5-year-old boy getting off an Oregon school bus in March was sentenced yesterday to 18 months in the Corrections Center of Northwest Ohio, Stryker.
Angelique Dipman, 28, of Clay Township also was ordered by Lucas County Common Pleas Court Judge Jack Zouhary to participate in the creation of an educational safety video in which she will talk about the fatal accident and caution drivers about cell phones as a driving distraction.
Dipman was convicted by a Lucas County jury in August of aggravated vehicular homicide for the March 24 death of Dameatrius McCreary, a kindergartener at Coy Elementary School. The boy got off a school bus - with its warning lights flashing- and was crossing Starr Avenue near Berlin Avenue to go home when he was struck and killed by Dipman's westbound Pontiac Grand Am.
Sandra Teneyck, the mother of Dameatrius McCreary, watches the sentencing.
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THE BLADE/ALLAN DETRICH
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She testified that the accident occurred when a ringing cell phone fell from her lap to the floor of the car, and she diverted her attention from the road to pick it up.
In addition to the 18-month sentence and her participation in the safety video, Dipman's driver's license was suspended for 15 years, and she will have to wear an electronic monitor for six months as part of her total five years of community control.
Formerly known as probation, community control is an alternate to prison, and can include drug testing and monitoring of travel outside the state.Before imposing the sentence, Judge Zouhary said this case differed from most of the aggravated vehicular homicide cases he reviewed because excessive speed or alcohol was not a factor.
He said, though, Dipman was in an area with which she was familiar and because of that should have known about the possibility of coming upon school buses and children.
Dameatrius McCreary, left
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A tearful Dipman turned to Dameatrius' mother, Sandra Teneyck, and apologized.
"I'm sorry I took your son," Dipman said. "I wanted to tell you that from Day 1. If I could take [Dameatrius'] place, I would."
Dipman said, and her attorney Joseph Westmeyer, III, repeated later, that she was told not to have contact with Ms. Teneyck, and that's why she had not apologized until yesterday.
Ms. Teneyck, though, said she did not believe Dipman was remorseful and said during her statement and after court that she and others have seen Dipman in the same area driving and talking on her cell phone.
"Angelique has learned nothing," Ms. Teneyck said. "It's obvious to me that she does not get it. She cares about no one but herself."
She asked the judge to give Dipman some kind of jail time and a lifetime suspension of her driver's license. Ms. Teneyck said afterward that she was happy with the sentence, but unhappy that Dipman would not start to serve her time at CCNO until next week.
Judge Zouhary granted Dipman's request for a delay in serving her jail sentence until Oct. 11 to get her affairs in order, Mr. Westmeyer said. He said after court that Dipman plans to appeal.
Mr. Westmeyer said his client's act was negligent but believed it didn't rise to the level of recklessness.
Dipman could have received a maximum punishment of five years in prison and a $10,000 fine.
Her driving record was among the factors Judge Zouhary could have considered when he decided her sentence.
She was cited four times for speeding during a five-year period. She was cited in 2004 in Northwood for driving 51 mph in a 35 mph zone; in 2002 by Lake Township police for driving 71 and 70 in 55 mph zones, and in 1999 in Clay Township for driving 84 mph in a 55 mph zone.
Judge Zouhary said he hoped Ms. Teneyck and the media would participate in the making of the safety education video based on the case.
He said he has been in touch with Toledo Public Schools and other institutions about showing the video to young drivers about driver distractions.
Ms. Teneyck said she would participate in the video, adding that she still plans to advocate for a law to ban cell phone use in vehicles.
Contact Clyde Hughes at:
chughes@theblade.com
or 419-724-6095.
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