Judge gives unusual sentence to woman who killed two in distracted driving crash
Published at | Updated atBLACKFOOT –- Changing the dial on her truck radio was all it took for one woman to change the lives of multiple east Idaho families forever.
It happened Oct. 5, 2019, when 31-year-old Jericka ShaNell Evans lost her focus on the road while behind the wheel of her Ford F350. She slammed into the back of a 2012 Nissan Sentra driven by Caitlyn Evans on U.S. Highway 91. The crash killed 24-year-old Jean Hurrle and 7-year-old Ellowyn Faith Evans.
Jericka, who is not related to the other Evans, appeared before Magistrate Judge Scott Hansen to receive a sentence on Friday morning. In April, she pleaded guilty to causing the deaths of Hurrle and Ellowyn. As part of a plea agreement with Bingham County prosecutors, Jericka agreed to plead guilty to one charge of misdemeanor vehicular manslaughter and misdemeanor inattentive driving. She was originally charged with two misdemeanor counts of vehicular manslaughter. In exchange for the plea, one of those charges was amended.
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“I am haunted by the events of that day,” Jericka said in court as tears came down her face. “I want you to know I will rightfully carry this burden for the rest of my life. … I would never have imagined that my life and the lives of others would be defined by one tragic moment of my inattention.”
After the fatal crash, Jericka told Idaho State Police troopers she looked down at her radio and took her eyes off the road for a brief moment. Troopers determined she was driving around 70 mph in the 55 mph zone just five seconds before the crash, then at 68 mph at the point of impact, Bingham County Deputy Prosecutor John Dewey said. Several cars on the highway were stopping or slowing down when Jericka caused the fatal collision.
Defense attorney Justin Oleson said there’s a dispute over how fast Jericka was driving that day. He said she was just going with the flow of traffic at about 50 mph, before looking at the radio and tragically causing the crash.
“A fact that is difficult to deal with in the criminal justice system is this was an unintentional act on her part,” Dewey said. “She certainly didn’t consciously appreciate the risk or the impact her conduct (changing the radio) would have. … This is something to a certain extent many of us have engaged in over our lifetime. Maybe it’s a fairly common occurrence, but that’s precisely why prosecuting the offense and this court’s sentence are important.”
With distracted driving, whether it is looking at a phone, changing the radio, or children in the back seat, Dewey said there needs to be a deterrence to avoid those distractions while behind the wheel.
“This is something we need to do something about because the impacts can be so great,” Dewey said.
Such impacts became apparent when the victim of the crash and their families gave victim impact statements. Rebecca and Simmarron Evans, the parents of Ellowyn spoke. Then Caitlyn, one of the drivers in the crash and sister to Ellowyn, spoke. Finally, Hurrle’s widow, Ashley, spoke to the court.
“I want you, Jericka, to know that I don’t hold any malice towards you, but I also don’t envy you because you will live with the pain of this for the rest of your life,” Rebecca said. “Also, it’s also OK to take a few more minutes to get to your destination because it can literally save lives, and that one second of inattention can cause a lifetime of pain.”
Rebecca and Simmarron described all they have left are the memories of the daughter they loved.
“She was a flashlight that lit up the night for everyone else to see,” Simmaron said.
The pain is also physical for Caitlyn, who suffered from chronic injuries, ranging from a traumatic brain injury to plates and screws in her body. Caitlyn also experienced the unthinkable, having to watch Hurrle and Ellowyn die before her eyes.
“My sister was 7 years old — her life hadn’t even begun,” Caitlyn said. “Jean was 24 — he wasn’t even halfway through his life. And I do feel guilty I survived that, but I have to live with constant pain, mental, emotional trauma in general.”
The crash also impacted the victims financially. With Jericka declaring bankruptcy and ongoing legal proceedings leaving insurance payouts in limbo, Caitlyn faces more than $100,000 in medical debt, and Ashley potentially faces collections on her husband’s funeral costs.
“I know that he’s never coming back, but when will Jericka feel responsible for ruining a person’s whole life, future and other people’s mental state?” said Ashley. “My life didn’t end that day of the accident, but my mentality ended that day.”
The sentence
“The criminal system is wholly ineffective for solving these types of cases,” Oleson said, and Deputy Prosecutor Dewey said jail time doesn’t totally solve the impacts on the victims.
Judge Hansen’s sentence for Jericka was unique. He placed her on four years of probation with periods in jail on the anniversaries of the crash. The rest of the one-year and 90-day jail term is suspended if Jericka abides by the terms of probation, which includes not getting another ticket while behind the wheel.
Additionally, Hansen gave Jericka a choice of either spending 200 hours working at a local waste transfer facility or 200 hours instructing young drivers on the dangers of inattentive driving. While she serves her annual jail time, Hansen will have Jericka report to him how the community service is going.
“Kids that are 14 or 15 years old, it makes an impact on them if they see a live person come in and say, ‘This is what happens or can happen if you’re not careful when you operate a motor vehicle,'” Hansen said. “I’m hoping and thinking that in 200 hours, you will have the opportunity to influence a lot of people, to maybe save somebody else the grief you and these folks are dealing with.”
Restitution in the case is being left open for the next four years to allow civil litigation and Jericka’s bankruptcy to clear before determining what the victims need. She will also have to pay $950 in fines.
“Words can not explain or express how deeply sorry I am how my actions have taken your loved ones from your life,” Jericka said in her statement to the victims’ families. “I cannot begin to imagine the pain and loss you have experienced.”
She will start her sentence immediately by serving the next four days in the Bingham County Jail. A bailiff took her into custody when the sentencing concluded.