BY KEITH EPPS
The trucker who was driving the rig that ran a red light and killed a Stafford woman Feb. 2 will serve three months in prison.
James Edgar Smith, 59, of Gwynn in Mathews County had previously been convicted of involuntary manslaughter in connection with the crash that killed 57-year-old Susan Lee Haines.
Judge J. Martin Bass yesterday in Stafford Circuit Court sentenced Smith to five years in prison with all but three months suspended.
Bass' sentence was right in the middle of the state sentencing guidelines, which called for a sentence ranging from no prison time to six months.
According to the evidence, Smith's 18-wheeler was loaded with sand and weighed 83,000 pounds as it headed north on U.S. 17 that day.
Haines was driving the third vehicle in line coming from Poplar Road onto Route 17. Smith drove through a red light and into Haines' vehicle.
Police later determined that Smith's rig had no front left brakes, and the right front brakes were not working.
But there was no evidence that Smith ever hit his brakes. He told police that he thought his light was green and that he never saw Haines.
Defense attorney Mark Gardner argued that Smith did not deserve a lengthy prison sentence.
He said he had no prior criminal record, was not speeding and had no drugs or alcohol in his system.
Gardner said that while Smith did have faulty brakes, the brakes had nothing to do with the accident.
Gardner said the brakes on four of his five axles were working, meaning he had 80 percent of his braking capacity.
"He made a tragic mistake," Gardner said. "But this is not a man who makes a habit of violating the law."
Smith was supposed to
Braxton said he was offended by the request, but granted it anyway.
Hardiman said he was not being disrespectful, but felt Bass should do the sentencing because he handled Smith's previous court appearances.
Keith Epps: 540/374-5404
Email: kepps@freelancestar.com