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Bobbi Jo Morgan, 23, 878 Magee Road, Patton, was found guilty of two counts each of homicide by vehicle while driving under the influence of alcohol or controlled substances, aggravated assault by vehicle while DUI, homicide by vehicle, involuntary manslaughter and DUI after a trial in June.
Judge Paul Cherry sentenced Morgan to a total of 10 years and eight months to 34 years in prison. She was ordered to surrender her license, undergo a drug and alcohol assessment, and submit to DNA testing at a cost of $250. Morgan was also ordered to have no contact with the victims' immediate family. For three traffic summaries she was fined $755 plus costs.
The charges stem from an accident in Mahaffey July 25, 2007, when the vehicle Morgan was driving left the road and struck Bertha Kitchen, 63, who was walking with her granddaughter, Samantha Kitchen, 3, in a stroller. Both died as a result of their injuries. The defense claimed that Morgan was driven off the road by a truck.
Prior to sentencing, two family members detailed how the loss of their relatives affected them.
"Life will never be the same," Tammy Jo Kitchen, Samantha's mother said, adding that she suffers sleepless night because she hears her daughter crying for her mommy and daddy.
Marcy Kitchen said she finds it hard to get through the day without them. "You took my mother and best friend too, and our precious angel, Samantha," she said as she wiped away tears. "I never thought to say good-bye or 'I love you' and never will get that chance again."
District Attorney William A. Shaw Jr. asked Cherry to consider the nature of the offense and the loss to the family. He asked the court to send a "message that there are severe consequences for this type of behavior."
Brian Manchester, attorney for Morgan, admitted this was a "tough day" and that the family will miss their loved ones forever. He added that this was also tough on Morgan whom he said tends to hide her emotions.
Manchester asked Cherry to consider that Morgan was not in a bar getting drunk but was coming from a licensed methadone clinic where she was getting prescription medication.
"She was trying not to be an addict," Manchester said. He noted that the case is not about the methadone clinics and described his client as a "poster child" for them. He claimed the media has placed too much emphasis on the fact Morgan was coming from the clinic and that any time methadone clinics are mentioned, Morgan's picture is shown.
"That has nothing to do with this," Manchester said.
Cherry said he had never seen Morgan's face in relation to a story about the methadone clinics.
"This is not about the methadone clines but about the tragic death of two individuals," Cherry said.
Shaw noted that testimony revealed that Morgan was under the influence of more than just methadone.
"People build up a tolerance to methadone then ingest valium because it brings back that high," Shaw said.
During the trial, it was shown that Morgan had methadone, benzodiazepines, diazepam and nordiazepam in her system.
Morgan apologized and said she is truly sorry.
Cherry called this a "very, very tragic event. Two innocent people lost their lives as a result of one person's actions."
In an interview with Shaw after the sentencing, he said that the sentence Cherry imposed is the maximum penalty Morgan could have received.
As for the family, "They are satisfied the system worked," Shaw said. "This is the most difficult and unpleasant type of case to be involved in."
