Lyon sentenced in pedestrian crash death of 23-year-old

Jul. 25—TRAVERSE CITY — Amid sniffles and wiping away wet tears, Timothy Lyon, 47, was sentenced to the maximum amount — between almost six years and 15 years — in prison for operating under the influence causing death.

13th Circuit Court Judge Charles Hamlyn began Monday afternoon's sentencing hearing by acknowledging how emotional the proceedings may be.

"I understand, as much as is possible, as a human being, the nature of this case and the effects that it has on both sides," he said from the stand. "I understand it's an emotional case. I understand whatever decision I make will be an emotional one for one side or the other or perhaps both sides."

Seven months earlier, on Dec. 2, Lyon struck and killed Allison (Alli) Jo Baker in a car while she was crossing the road to pick up her mail. She was 23.

Court records showed he was charged with one count of operating under the influence causing death, one count of failure to stop or identify after a personal injury accident, one count of lying to a police officer, and one count of violating the terms of a restricted license.

He originally pleaded not guilty.

During what was supposed to be the first day of his trial on May 30, Lyon agreed to plead no-contest to the first count, operating under the influence causing death, which is a felony with a 15-year maximum sentence.

In exchange for the plea for the first count, the rest of the counts will be dropped, according to the agreement.

Members from both his family and Baker's family were in attendance at his sentencing hearing, with Baker's choosing to share victim impact statements before Hamlyn imposed his sentence.

Her mom said there hasn't been one day since her daughter's death that she hasn't cried.

Her dad shared that it feels like the pain will never subside and never get easier.

"I can never forgive you for taking her from us," Baker's step-grandmother said. "And worse, knowing that you hit her not stopping to find out if she was still alive or even call 911."

Alli was going to be an amazing nurse, they all said. She loved her friends, her pets, her siblings, her mom, her dad, her grandparents, and everyone she knew.

"She was loved by so many," her dad said. "It was apparent that she was always there for whomever needed her. Alli lived her life to the fullest."

To them, they said no amount of time in prison for Lyon will be enough or will ever bring Alli home.

"You took her life, it doesn't seem fair that you should get to live yours," her mom said.

She addressed Lyon directly, saying, "You see Tim, your actions on that day took all of that away from me forever. Your actions on that day, being selfish and a coward, changed so many lives."

Prior to his sentencing hearing Monday, Lyon had not yet spoken about what happened on Dec. 2, 2022 in court or on the record.

During the hearing he shared in a statement of his own that if he could take back what he did that night, he would.

"I want people to understand that my words here today do not excuse my actions and behavior the night of the tragic accident," he read. "I feel an unbearable weight of guilt and shame and stand here before you broken and embarrassed."

His lawyer, Matthew Vermetten, said more than 40 letters were submitted to the court in support of Lyon and his character.

Vermetten said these letters show "that he [Lyon] is non-violent, benevolent, loving."

He added that Lyon's substance use disorder evaluation showed that his client was a severe alcoholic and battles depression.

"Not an excuse, but an explanation," Vermetten said.

He added that, in his 35 years of practicing law, this is the hardest case he's ever worked on.

Toward the end of the hearing, Grand Traverse County prosecutor Noelle Moeggenberg said that Lyon will not be judged for his substance abuse, but he should be judged for his decision to drink and then get into his car and drive.

"It's important to remember too that this wasn't a person without support," she said. "He has a caring family and many, many others who offered him help, but he chose to live this way."

Prior to facing these charges, Moeggenberg said he had a prior operating while intoxicated charge in Oct. 2021. Records show that Lyon's blood alcohol at the time of that incident was a 0.314, nearly four times the legal limit of 0.08.

In that case, and in this one, Lyon denied to law enforcement that he consumed alcohol before getting behind the steering wheel, records show.

According to police reports, his preliminary breath test (PBT) the day after he hit Baker on Dec. 3 was a 0.031.

At that point, records show that Lyon confessed to drinking on Dec. 2, first telling deputies that he drank three drinks before he hit Baker and three drinks after. The second time, he said he had only drank after he stopped driving.

An investigation into Lyon's phone records from Dec. 2 showed that he had looked-up, "fleeing the scene of a car accident, a news article about the sheriff's office looking for help in solving a hit-and-run, alcohol plus calculator, various treatment services, blood alcohol level, BAC calculator, how long does alcohol stay in you, average sentence for OWI in Michigan, how long to pass breathalyzer after three to four beers along with several others," Hamlyn said, prior to issuing the sentence.

When it came time for Lyon's sentencing, the judge said he was "asked by both sides to issue a fair and just sentence."

"But frankly sir, that's not possible," he continued. "The only way that would be possible would be to bring Alli back, and that is outside my power."

He said, based on the evidence he received, he sentenced Lyon to the maximum amount — 71 to 180 months — allowed by the state statute for the charge he plead no-contest to: Operating under the influence causing death.

Lyon will receive credit for 233 days served at the Grand Traverse County Jail.

But, Hamlyn noted that if he could, he would've liked to give more prison time.

Both lawyers — Vermetten and Moeggenberg — said they had accepted the sentence and thought the hearing went well.

"I think it was a fair hearing, and my heart absolutely goes out to the family," Vermetten said after court adjourned. "I think the judge, while going to the higher end of the spectrum, delivered a fair and just verdict."

Moeggenberg also shared similar thoughts on her way out of the courtroom.

"I think the judge did legally everything he could to give the fairest and most reasonable sentence possible, so, I'm happy with that" she said. "No amount is going to be enough to make up for what happened, but I think given what he plead to and given the facts and circumstances surrounding the case, it was a fair sentence."