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Wednesday, August 27, 2014

Sentencing Hearing Held In Distracted Driving Case

   A sentencing hearing was held in Lawrence County Circuit Court Monday for a local woman who recently entered guilty pleas in connection with two deaths associated with distracted driving.

   Misti Lynn Risner, age 37, had been indicted on charges of vehicular homicide in the March 17,  2013 crash that resulted in the deaths of Lawrence County residents Clyde Ray and Willodean Carmie Newton, ages 66 and 62.

   The Newtons had been traveling eastbound near David Crockett State Park when authorities said Risner failed to stop, struck the rear of the couple’s motorcycle, then pushed them into the path of a vehicle in the westbound lane before she struck it head-on.

That vehicle was occupied by Sarah Wiser and brother Adam Wiser who were traveling from Fayetteville to their college. Both Newtons died at the scene. Risner and both Wisers sustained injuries.

   Authorities reported that the time stamp on Risner’s cell phone showed that she had posted a message to Facebook while driving, only six minutes prior to impact, and that there was a partial message that she had been in the process of typing.

   A Lawrence County Grand Jury indicted Risner in July of last year on two counts of reckless endangerment and two counts of vehicular homicide. In mid-July Risner opted to enter best interest guilty pleas on lesser charges rather than stand trial.

Those guilty pleas were for one count of reckless endangerment and two counts of criminally negligent homicide.

   A number of witnesses took the stand throughout the day Monday. Members of the Tennessee Highway Patrol’s Critical Incident Response Team, experts in the field of crash scene reconstruction, offered testimony regarding minute details of the crash.

They testified that at the time of impact both the taillight and brake light of the motorcycle was illuminated. They said that Risner had been traveling at speeds in the 30s but had been applying only enough pressure to the brake pedal to engage the brake lights.

   When Risner took the stand she testified that she had no memory of the crash. She said when she awakened at Vanderbilt University Medical Center her last memory was of leaving her home, some fourteen miles from the scene near Wayne County.

In response to statements indicating that she showed a lack of remorse over the events Risner stated, “I’m very remorseful. I’m very sorry to the family.” She later said that, “I can only hope that the family of Mr. and Mrs. Newton can forgive me.”

   Several of the Newtons’ family members, including their three children, offered testimony regarding the impact their deaths have caused. Several pointed out that as a nurse practitioner Risner is well educated and, “Should have known what could happen by choosing to text while driving.” Each requested that Judge Jim T. Hamilton impose the maximum sentence.

   While on the stand the Newton’s daughter, Tracie Adkison, posed the question, “What text is worth more than two people’s lives?”

   Son-in-law Matt Lynn said that if Risner received the maximum sentence of two years per count, “That’s not even enough.”

   Both Wisers took the stand, as well. Sarah Wiser told the judge, “I can still hear the Newtons’ grief outside my hospital room…I believe we all deserve justice.”

   Risner’s defense team asked that she be granted judicial diversion, remaining on probation throughout her sentence.

   The prosecution requested that Hamilton consider the maximum sentence but indicated that their main request was that diversion not be granted. They said that the sentence should send a strong message to the general public about the consequences of texting while driving.

   Patrick Dolan, a statistician with the state’s Department of Safety and Homeland Security presented figures showing the number of accidents resulting from distracted driving during recent years. He said that during 2013 there were 25,171 incidents during which state troopers reported some type of distracted driving.

   Judge Hamilton will announce Risner’s sentence at a later date.

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