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State v. Simonton10/3/2005
In January 2002, Defendant was returning to his home in Covington from Tunica, Mississippi, when he drove his motor vehicle off the road and hit a tree in Memphis. Mary Simonton, Defendant's mother, was a passenger in the vehicle, and she later died of the injuries she sustained in the accident. Defendant's blood alcohol level was 0.17, and he had 1.1 grams of cocaine in his possession at the time of the accident. Defendant's blood analysis also was positive for cocaine.
At the sentencing hearing, Cathy Oliver said that she and Defendant attended the same high school and had remained acquaintances over the years. She and Defendant began dating about nine months before the sentencing hearing. Ms. Oliver said that Defendant had not driven an automobile while they were dating. Ms. Oliver said that either she or one of Defendant's sons drove Defendant where he needed to go. She was aware that Defendant had a prior history of alcohol and drug problems. Ms. Oliver said that Defendant was currently serving a nine-month sentence in Tipton County for an unrelated DUI conviction.
Jim Whitley, the minister of the Liberty Baptist Church in Fayette County, became friends with Defendant after Defendant made a "profession of faith" in 1986. Reverend Whitley said that after the accident Defendant gave "testimony as to his failure" before the congregation. Reverend Whitley said that Defendant told the congregation " hat he had gotten his eyes off the Lord and had fallen back into some past patterns and told of the wreck and the death of his mother and took full responsibility, very remorseful as he spoke to the church." Reverend Whitley, however, could not specifically recollect if Defendant told the congregation that he was under the influence of alcohol and drugs when the accident occurred.
Peter Simonton, Defendant's brother, said that Defendant was well respected in the community and a good father to his two sons. Mr. Simonton said that Defendant checked on his mother every day, either in person or by telephone, while she was alive. Mr. Simonton said that Ms. Simonton particularly enjoyed going to the casinos in Tunica so that she could play the slot machines. Mr. Simonton said that either he or Defendant would take their mother to Tunica each month.
Mr. Simonton said that he was aware that Defendant had six prior DUI convictions. He said, however, that Defendant had not driven an automobile since the accident. Mr. Simonton said that Defendant's assets had also been placed in a trust which paid for Defendant's basic needs and the upkeep of his house. Mr. Simonton said that he approached Defendant about establishing a trust approximately six months after the accident, and Defendant agreed to the plan. Mr. Simonton said that Defendant was very remorseful about the accident, and it was his belief that the seriousness of the accident had changed Defendant's life.
Mary Hunt Cook, Defendant's sister, said that Defendant was a good father, and it would be detrimental to his sons if Defendant was not granted probation. She said Defendant was "a strong figure," and that people "could follow him down a good path."
Defendant testified that he was convicted three times of DUI in the 1980's, and then he stopped drinking for eleven years. In the 1990's, his marriage began to fail, and he incurred three more DUI convictions. The last DUI conviction was for an offense which occurred on November 15, 2001, two months before the accident that led to the current charges. Defendant said that he was currently incarcerated as a result of this DUI conviction. Defendant said that he went on disability in 2000 because of chronic obstructive pulmonary disease. He said t
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