Teen sentenced for negligent homicide
Posted: Wednesday, Jun 15th, 2011He sentenced Stotsky to 45 days in Youth Track with credit for six days already served; two years supervised probation; fulltime employment or fulltime enrollment in an educational institution; 500 hours of useful public service; and restitution of $3,881.77 to victim Chloe Weaver’s family and $4,000 to the Victim Compensation fund. The court gave all parties 90 days to finalize the total amount of restitution.
Chloe Weaver, 20, Nederland, and a friend, Craig DenUyl, 24, Kalamazoo, Mich., were out for a Sunday afternoon bicycle ride headed north on County Road 108 when Weaver was hit by a truck driven by Stotsky.
Weaver and DenUyl, members of the Mennonite Volunteer Service in Alamosa, worked at La Puente and on other community projects.
Stotsky fled the scene and was later located at his home.
Originally charged with leaving the scene of an accident, a class three felony; criminally negligent homicide, a class five felony; and careless driving, a traffic offense, he plea bargained and plead guilty to negligent homicide, a class five felony.
The sentencing hearing started with Herm, Cindy and Hope Weaver, Chloe Weaver’s father, mother and sister, giving pre-sentence statements.
Addressing Stotsky, they each expressed the wish that he would become a person who would be dedicated to improving the plight of his fellow men “to continue the work Chloe was doing.”
Their statements were filled with compassion and hope.
“I want you to have the courage to take responsibility for your life and actions, honestly and humbly,” Herm Weaver told him. “I want you to carry on, in some small way, the work Chloe came here to do, to make it a better world.”
District Attorney Dave Mahonee told the court how difficult the case has been.
“It’s clear the life lost was a beautiful life,” Mahonee said. “She was a beautiful young girl who cared about life.”
He said the meeting between the Weavers and Stotsky was incredible.
“The love they showed for Kyle almost brought me to tears,” he said. “It showed the strength of their faith. They don’t want to see Kyle incarcerated but they do want him to have consequences.”
Mahonee suggested 2,000 hours of community service so Stotsky could continue the work Chloe was doing.
“I don’t want him to work with La Puente, they knew Chloe and we don’t necessarily want them to have to deal with Kyle,” he said. “I would like him to be helping people. That was what Chloe was doing.”
Public defender Dan Walzl also expressed the hope that Stotsky could be sentenced to probation and public service. He said substantial public service would “honor the victim.”
Stotsky, in tears, spoke to the family and the court.
“The accident changed my life,” Stotsky said. “I would never intentionally hurt someone. All I can ask for now is forgiveness.”
Gonzales spoke to Stotsky.
“You are 16,” Gonzales said. “The forgiveness of the family has reverberated throughout this case. I am not sure you realize the seriousness of the case. A lack of understanding based on a lack of experience.”
He commented on the victim’s family.
“You have had a shield around you of forgiveness and love by the victims that is phenomenal,” Gonzales said. “They have been your guardian angels. For that you should be thankful. All too often I see victim’s families consumed by hate.”
He talked about the consequences of the accident.
“This is a minor ripple in your life compared to the ripple in the victim’s family lives,” Gonzales said.
“You are remanded to custody.”
another link to read:
* http://www.alamosanews.com/v2_news_articles.php?heading=0&story_id=20996&page=74
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