Woman pleads guilty in crash that killed teen, gets jail time

Sep. 28—CHEYENNE — A local woman received jail time after she pleaded guilty to vehicular homicide in connection with a crash that killed a 13-year-old boy last year.

Kelly Lynn Gaskins, 40, will serve 90 days in jail, followed by one year of supervised probation. During that time, she will be barred from driving a motor vehicle.

Earlier in Tuesday's hearing, Gaskins pleaded guilty to the misdemeanor charge, described as a "criminally negligent" act. It carries a maximum penalty of one year in county jail and/or a $2,000 fine.

Makaili "Mak" Evans died after Gaskins struck him with her vehicle in a crosswalk near McCormick Junior High School on Nov. 5. Gaskins had turned to speak with her teenage daughter, who was in the passenger seat, when she took her eyes off the road.

Mak had been walking lawfully in the crosswalk and had waited for cars to stop in the other lane, Judge Nathaniel Hibben said before he sentenced Gaskins, referencing dash camera footage from a vehicle at the scene. As Gaskins' automobile approached, stopped vehicles in the other lane honked at Gaskins before the collision.

The judge said there was no evidence that Gaskins was on her phone, eating or drinking, or under the influence of any substances, and she was not speeding.

Hibben sentenced Gaskins to 365 days in jail, saying she will serve 90 of those days, and he suspended the rest. Hibben, a circuit court judge in Goshen County, was assigned the case in April by Laramie County Circuit Judge Thomas Lee, according to court documents.

Restitution?

Gaskins was ordered to pay a $2,000 fine, and about $400 in other fees.

Another hearing will be held to determine whether restitution is owed to the victim's family and, if so, what amount.

She previously pleaded not guilty in March. Her attorney, Douglas Cohen, indicated at the time that he didn't think the matter would go to trial.

Hibben acknowledged mitigating factors, including that Gaskins doesn't have a criminal history, cooperated fully and, during the hearing, showed "sincere and extreme" remorse, sobbing throughout. He said she was clearly a person of good character, and any necessary rehabilitation "has already occurred."

The judge said he believed that the "harm caused" by Gaskins' actions meant punishment was appropriate. He said consequences proposed by the defense — including supervised probation, in-home detention and serving jail time on weekends — were not adequate.The state, represented by Laramie County assistant district attorney Steve McManamen, had argued for the maximum jail sentence of 365 days.

Hibben found "a significant need to impose a sentence for the purpose of a general deterrence," he said. "I hope that the sentence that I give in this case might change the choices others make."

Although courts don't often want publicity, the jurist said he hopes cities statewide will make sure their crosswalks are safe and maintained, that pedestrians are reminded to be aware of their surroundings and drivers pay more attention, especially near crosswalks and in school zones.

'Priceless' life

The judge said no amount of jail time would measure up to Mak's "priceless" life.

Janelle Jones, Mak's mother, spoke in court about the impact of Mak's loss, which she said had left her "shattered."

"My life without Mak is less sweet, and death seems less bitter," she said through tears.

Jones previously formed ForMak, to improve crosswalk safety and reduce distracted driving. She lobbied the Wyoming Legislature this year in favor of increasing penalties for vehicular homicide.

Kelly Gaskins also addressed Hibben before her sentencing. She described how she'd stayed by Mak's side following the crash until she was pulled away. She said she'd wanted to apologize to Jones immediately, but wasn't allowed to speak to her.

She apologized during Tuesday's hearing. She said several times that "'I'm sorry' doesn't even cut it," and that she can't imagine the pain of the boy's family and friends.

"I'm absolutely destroyed," Gaskins said, sobbing. "I see (Mak's) face day and night."

Defense attorney Cohen asked if the judge would permit Gaskins to get her affairs in order and turn herself in on Friday. Gaskins almost immediately turned to family members, who were sitting behind her, to say she was "ready to go" to jail. She then told Cohen the same, asking only that she be able to call her husband from jail as soon as possible to discuss arrangements for their autistic son.

Hannah Black is the Wyoming Tribune Eagle's criminal justice reporter. She can be reached at hblack@wyomingnews.com or 307-633-3128. Follow her on Twitter at @hannahcblack.