::pack:: of fixations



life after tragedy. living while grieving. love and triplets.

1.12.2016

clarification part 2



*The first thing I'd like to address is the alleged cell phone drop.  At the scene Thomas Randall Ainsworth told officers that he had dropped his cell phone on the floor and was reaching for it and this was the reason he lost control of his vehicle.

Well during his sentencing it was revealed that:


 his cell phone was actually found in the center console of his vehicle.  

KSL is still reporting that he claims to drop his cell phone.  Why aren't they reporting the real facts of the case?  I'm gonna repeat it again just so you can hear me:


his cell phone was actually found in the center console of his vehicle  

was he just so high that the 'drop' was a hallucination...???

I know that if you are awake for a few days straight hallucinations can happen!  

So he either LIED OR HE HALLUCINATED from being HIGH ON AN ILLEGAL FREAKING SUBSTANCE!!!

He was driving 78 mph & his foot never came off the gas pedal people!

**Let it be known that when these accidents happen they do a toxicology report.  Blood is drawn and sent into labs where toxicologists test it.  These tests actually take 6-8 weeks to be sent back.  The toxicologists can actually pinpoint if he was actually "high" on Meth or not at the time of the accident.  There are active substances found in the blood and they can pinpoint his usage within hours.  It does stay in your system for 1-3 days after your last usage in a urine test but a blood test is more accurate.  

So HE WAS ACTUALLY HIGH ON METH WHEN HE HIT US.

Why is this not made clear to people?  If you read the comments from yesterday's article here, you will read that a lot of people truly believe he wasn't even high.  This infuriates me to the core!  People are commenting that the appeal was approved because he wasn't high.  I can no longer comment on said article apparently there is a limit that I reached.  

He hit us on 12/24/2011.  His warrant for his arrest wasn't until 3/20/2012.  Why did it take so long to arrest him you ask?  Because the toxicology report takes a freaking long time and then they had to build a case against him.  We assumed he was drunk for nearly 3 months.  We didn't get ANY answers for 3 long horrible months!!!  Just imagine.

And remember this little gem: *His Mom called the prosecutor a few days before the sentencing saying that he reminded her she'd given him some Sudafed (Christmas Eve) and that this was all her fault.  So basically he put all of this horrible tragedy on her shoulders.  He thought he'd tell his Mom it was the Sudafed...cause he knows that there is an ingredient in Sudafed that Meth cooks use to make Meth out of.  His Mom believed him too.  


***The state of Utah had tried to rehabilitate him at least 6 times.  It was documented that one of the times he didn't show up for detox he told his probation officer that he wouldn't go because, "he didn't want to be in there with all the drunks and heroine addicts".  Many many failed urine tests where before taking them he said he was clean and upon failing them he would admit his use.

Here's my problem 6 times!  Yes, people make mistakes.  People deserve 2nd chances... but do they deserve 7 chances?  How about 27 chances?  After all the chances he's been given he still continues to get out and act like a criminal.  

****He had no insurance!  He had no insurance and it was never held against him.  To the courts and the law this wasn't a big enough deal to prosecute him for.  But it was a big deal to us.  Did you know that I used to have really great credit?  Now, I can't even look at it because I get so upset.  This effects us significantly.  I still owe people money.  I've lost count to how many times I've been sent to collections.  I need a knee replacement.  We need therapy, a lot of therapy.  But we can't afford it and we'd have to take time off of work to get it.  Ryan still needs physical therapy but we can't afford it, and he can't take time off of work to get it even if we could.  It's a hopeless feeling that we fight daily.

*****And lastly why is it that he be punished equally for being impaired on an illegal substance vs a legal substance?  Why is it that killing somebody while impaired is only a 3rd degree felony?   It may be too late for us.  But I'm passionate about making a change.

In about 60-90 days there will be a hearing.  I'm asking all of you for support.  I'm asking for bodies to be present.  I'm asking for signage, social media, and vocal support.  Please let's share ideas on how we can make an impact and just maybe get this law changed for all of us.  Please share!

clarification part 1


Thomas Randall Ainsworth appealed his conviction and it was approved.  He pled guilty but reserved his right to appeal.

If you want to read the opinion of the appeal click here.

I spoke with our prosecutor this morning and she explained to me what I am going to attempt to explain to all of you now.  Please forgive me if I use incorrect terms etc, I promise to do my best.

Thomas Randall Ainsworth was found guilty of 3 2nd degree felonies for impaired driving causing serious bodily injury &/or death.  His sentence was 3-45 years spent consecutively.  (Consecutive sentences are served one after the other.  Concurrently is the other option which means he could serve all three at the same time.)

His attorneys argued it unconstitutional because if somebody driving under the influence of let's say alcohol causes serious bodily injury or death would only get 3rd degree felony(ies).  Automobile homicide is actually a 3rd degree felony.  I think a lot of people were confused as to why he wasn't charged with automobile homicide in the first place and it's actually a lesser charge.

The Appeals Court approved his appeal.  

So now what?

So now the appeal is being appealed.  Now we wait to see if the Utah Supreme Court will accept the appeal or not.  From what I understand we will know in 60 days and if they accept it then we wait an additional 30 days and more hearings will take place.

If they don't accept it then there will be another sentencing since all 3 of his 2nd degree felonies will be reduced to 3rd degree felonies.  His sentence will be reduced from 3-45 years per felony to 0-15 years per felony and the good news is that the will stay consecutive (they tried to get it changed to concurrent during the appeal process and didn't win that battle).  

It's important to take note that his sentence was consecutive and not concurrent.  This is determined during sentencing, which is the only time the judge can take his criminal past into consideration.  

If/when there is another sentencing then Ryan and I will be allowed to speak.  We would love all the support, people there, signs, etc to be present that day.