Emotions high at sentencing hearing

Jun. 26—Tears and unspeakable grief came deep from within the soul and spilled from both sides of the aisle and into the courtroom last week as a young mother was sentenced to jail for the death of a teen in a car crash nearly four years ago.

No one seemed happy with the outcome. Neither side won.

It was the maximum sentence Judge Wesley Bray could give Karley Makenzie Reph, 29, because of an April plea agreement. Reph was identified as the driver of a 2002 Oldsmobile that crashed on a Fairfield Glade street on July 27, 2019, resulting in the death of Jeremiah K. Hood

Bray left no question he was unhappy with the parameters left him that allowed a plea agreement entered April 17. Reph pleaded guilty to the indictment and agreed to a three-year sentence and loss of driving privileges for five years. The agreement left it up to the judge to determine the manner in which the three years would be served.

Bray's choices were serve the three-year sentence; serve a split sentence of designated days to be locked up followed by supervised probation for the balance; or three years on supervised probation.

"It weighed on my mind when I received the plea ... I feel it left my hands tied."

At the time the plea was entered, Assistant District Attorney Phillip Hatch told the court the state's hands were basically tied by sentencing guidelines. With a range of 3-6 years and with no previous criminal history, sentencing would most likely fall on the three years.

To add to the mix was a request for judicial diversion forwarded by defense attorney Kevin Bryant. If granted, Reph's plea would have been set aside while the defendant served the sentence on supervised probation. If successful in completing all terms and conditions of diversion and probation, Reph would have been eligible to petition the court to have the charge removed from her permanent record.

"What concerns the court is Bramer's (Trooper Jake Bramer) testimony. It raised the question this was a criminal event, not an accident," Bray noted. The judge added he found Reph not entitled to diversion. It was a matter of observing the simple rules of the road.

"Operating a machine irresponsibly is what brings us to where we are today," Bray continued. He then denied the request for diversion.

Citing testimony that showed Reph received two speeding tickets and was involved in three property damage crashes in the three years leading up to the fatal crash, Reph was "not an appropriate person for probation."

He then ordered Reph be taken into custody immediately to begin serving her three-year sentence. Reph was allowed to spend 15 minutes with her toddler and family before being taken back for booking and lockup.

Assistant District Attorney Philip Hatch opened the hearing calling Tennessee Department of Corrections Pardon and Parole Officer Courtney Gelinas, who wrote the pre-sentence report.

She testified that while Reph had used marijuana and drank alcohol prior to the crash, the usage did not rise to the level of driving while under the influence. Gelinas also testified that Reph tested positive during her assessment for marijuana, nine days after pleading guilty.

Reph told her she had used Delta-8 days prior to appearing for her assessment. Delta-8 is Tetrahdocannabinol, a psychoactive substance found in the Cannabis sativa plant that produces psychoactive and intoxicating effects, according to the U.S. Food and Drug website.

Delta-8 is reported to stay in the body for two to five days for occasional users and up to 15 days for regular users.

Under cross examination from Bryant, Gelinas testified Reph scored a low risk to repeat offend and that she could be referred to a forensic social worker to assist her.

Sheriff's Chief Deputy testified as to the repeat occurrences of reckless endangerment and reckless driving instances in Cumberland County. Over the last two years, 30 warrants were issued for those offenses but this figure does not include tickets, or citations.

Last state witness was Trooper Bramer, who was called to Fairfield Glade in the early morning house of July 27, 2019, to investigate the fatal car crash. He testified he arrived on the scene to find Hood dead and two passengers hurt, one critically who was flown to a regional trauma center.

A video, previously reported to have been taken on the social media app Snapchat, showed the vehicle being driven through stop signs, speeding and jumping hills just prior to the crash in a FFG neighborhood.

He also testified that during his assignment to Cumberland County, he found high instances of driving under the influence and reckless operation of vehicles.

"Speeding is also an issue," Bramer testified. He also said that in one year working the night shift, he made 72 driving under the influence cases working the midnight shift.

Bryant called as witnesses Reph's mother, Karen Reph, husband Bassell Smith and the defendant, who gave a statement of elocution.

Karen Reph testified that her daughter has suffered "self-trauma" since the crash and has endured slander and heartless attacks on Facebook.

Describing her as a good mother, Karen Reph summarized life for her daughter since the crash: "She works and she comes home."

Smith, a corrections officer with the state, testified incarceration would prove a hardship on Reph's daughter and the family.

In her statement to the victim's family and court, Reph in barely audible reading of a letter punctuated with sobs, said she has not lived a day since the crash without thinking about what happened.

She apologized to the family, and said, "I an a better person now ... I will never be able to understand the loss of a family member ... I never had a chance to say I am sorry ... I struggle with guilt."

Bryant told the court that this is the first time Reph has been able to express her sorrow to the family because while the case was pending, he had instructed his client to, "Keep your mouth shut and don't talk to anyone."

Jeremiah Hood's family were then given the opportunity to address the court with victim impact statements.

Jeremiah's brother, Patrick Hood, told the court that he will never see his younger brother grow into what he could have become.

"I've have had to pay for things I've done ... I don't want to see the maximum, but she should have to serve some time."

Lester Ray Hood, Jeremiah's father, said his son "has been taken from our family. I will never know how he would have turned out ... she should pay and pay dearly for what she has caused our family."

Stepmother Michelle Hood, who testified she looked at Jeremiah as her own child, said, "I will never forget when the police came to the door ... I would never wish that on anyone. I think she should spend some time."

Hatch then asked that judicial diversion be denied based on the positive drug test after the plea was entered.

Bray agreed, stating, "You were specifically told not to do anything to mess up prior to sentencing."

Bryant countered that Reph was a good mom and a good wife and has been out on bond for four years "with no trouble." He pointed to her lack of criminal history and called her a prime candidate for judicial diversion and supervised probation.

Bray disagreed and handed down the three-year sentence.

However, as a Range 1 offender and under the law in effect at the time of the crash, Reph will serve the sentence at 30%. This means she will be incarcerated for about 11 months before eligible for parole, factoring in good time incentives and the 30% incarceration law.

Michael Moser may be reached at mmoser@crossville-chronicle.com