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Judge upholds 1-year jail term for careless driver

Michelle Northcutt sought reconsideration of sentence
Durango Police Department investigates the fatal crash where an SUV driven by Michelle Northcutt collided with a motorcycle on Colorado State 3 Highway near the intersection of U.S. Highway 550/160. Northcutt was sentenced to a year in jail after pleading guilty to careless driving causing death.

A La Plata County judge on Friday upheld a previous ruling to sentence a Durango woman to a year in jail for slamming into a motorcyclist and killing him.

Michelle Northcutt, 50, sobbed throughout Friday’s 1½-hour hearing, at one point calling out that she wished she could change the events that took the life of Tim Cooper on June 6 at the intersection of Colorado Highway 3 and South Camino del Rio.

Durango defense lawyer Stephen Wells filed a motion asking La Plata County Judge Martha Minot to reconsider, reduce and correct her sentence from Sept. 19, saying it was illegal, unduly harsh and could jeopardize Northcutt’s safety.

Northcutt pleaded guilty to careless driving causing death in a plea agreement with the 6th Judicial District Attorney’s Office. She was facing probation to a year in prison. Had Minot sentenced Northcutt to probation, the most jail time she could have imposed would have been 60 days, according to Colorado law.

Instead, Minot opted to sentence Northcutt to a year in jail. But she also ordered Northcutt to surrender her driver’s license for three years, take a defensive-driving class, undergo a substance-abuse evaluation and complete 300 hours of community service. But some of those requirements are conditions of probation, and because Minot opted for a stiff jail sentence instead of probation, she wasn’t legally able to order them, Wells said.

What’s more, a year in jail is overly harsh and not consistent with similar punishments imposed on other criminal defendants who have pleaded guilty to careless driving causing death, he said. He produced a list of 28 defendants who have pleaded guilty to the charge since 2010 on the Western Slope, which showed only seven offenders were sentenced to jail. Of those, one received 60 days jail, one received 25 days, one received 15 days and four were sentenced to a year. But those who received a year had previous histories, including a DUI, abysmal driving records and a sex offense, Wells said.

Finally, Wells argued that Northcutt’s safety is a concern at the La Plata County Jail because her husband is a bail bondsman, and if inmates have negative interactions with him, they may take it out on her. Northcutt sufferers from psychological issues that could be complicated by a lengthy jail sentence, he said.

Considering all of these issues, Wells asked Minot to either sentence Northcutt to probation or allow her to serve her jail sentence on home-detention monitoring.

But Minot said she’s unwilling to allow Northcutt to do home-detention monitoring, and probation is for people who are a danger to the community and need to be reformed, which doesn’t apply to Northcutt.

Of the 28 cases cited by Wells, most were resolved by plea agreements with stipulated jail sentences, meaning judges didn’t have much say in the punishment, Minot said. Northcutt’s plea agreement left her exposed to a year in jail.

Additionally, every case has its own set of facts, Minot said. She cited two careless driving cases she oversaw in which the defendants received no or minimal jail sentences: One involved a man who drifted across the center line and slammed head-on with a car, killing two people, while changing his CD player, and another involved a teenage girl who drifted over a fog line and killed a pedestrian while rolling up a window. In both cases, the drivers had a moment of carelessness, Minot said.

But Northcutt was observed swerving for multiple blocks before she rear-ended Cooper at a stop light. Northcutt had ample opportunity to pull over and get herself out from behind the wheel of a “deadly weapon,” Minot said.

“Factually, this case is distinctive and distinguishable,” she said. “... I’m sorry for being so harsh, but I don’t believe this is a 60-day (jail) case.”

Minot did agree to waive certain requirements ordered during Northcutt’s first sentencing, including requiring her to take a defensive-driving class and undergo a substance-abuse evaluation. She also agreed to return her driver’s license, saying the court doesn’t have the ability to revoke driving privileges in this case. But she noted careless driving causing death is a 12-point violation, so the Department of Motor Vehicles will take away her license for a year.

Minot said she is concerned about Northcutt’s safety at the jail, but after hearing from the sheriff and two deputies, she felt confident the jail could house her. She put the jail on high alert to monitor her safety and respond appropriately to any perceived threats.

Northcutt said she fell asleep at the wheel while on her way to an appointment. She admitted to smoking marijuana about 5 a.m. that day before going back to sleep. The crash occurred at 10:26 a.m. Police had her perform roadside maneuvers, but Cpl. Bryan Heaton didn’t detect any signs of intoxication. She was not asked to submit to blood or breath tests.

Northcutt must report to the La Plata County Jail at 9 a.m. Wednesday. Inmates can earn two days of “good time” per month, meaning Northcutt could have up to 24 days trimmed off her sentence. If she becomes a jail trustee – inmates who have jobs within the jail – she could earn up to eight days per month off her jail sentence.

shane@durangoherald.com

Sep 19, 2016
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