HUTCHINSON, Kan. — After a lengthy and at times, very emotional hearing, a Reno County judge sentenced 66-year-old Jane Hart to three years and five months for one count of involuntary manslaughter.
Hart had entered a no contest plea to one count of involuntary manslaughter for being legally drunk when she struck a motorcycle in January of 2017 killing 62 year-old Charles Caselton of Burrton.
The defense had a number of witnesses who tried to convince the judge that she has changed since that incident, has not had any alcoholic drink since the accident and attends AA meetings on a regular basis.
The state argued that the fact that she hasn’t had a drink since the accident and her other good works is not a substantial and compelling reason to depart from sentencing guidelines. They noted she was more than twice the legal limit to drive at .17 on the day of the accident and the law says she should be sentenced to prison.
Judge Rose agreed and denied the departure even after a plea from Hart’s daughter and from Hart for mercy.
Hart told the court that she prays every day for the family of Caselton and admitted she’s an alcoholic. Judge Rose says she is bound by law and that a crime such as this calls for presumptive prison without bias.
The family of the victim felt differently from Hart and others in the courtroom saying she made the choice to get into her vehicle and drive to the store to get trash bags after she had been drinking. The victim’s wife says “she took my laughter and joy away. She killed my every day.”
One other family member says Hart’s apology during the hearing wasn’t for being sorry for what she did to us or Caselton, it was an apology for her freedom.
The statements Friday were with a packed courtroom with family and friends on both sides of the larger of two courtrooms in the Reno County Courthouse.
This case itself goes back to Jan. 21 of 2017 when Hart pulled in front of a motorcycle at 30th and Prairie Dunes Drive just east of Hutchinson. The collision killed Caselton instantly.
She was eastbound on 30th and made a left turn onto Prairie Dunes Drive and struck the Honda motorcycle, which was traveling westbound.
The autopsy showed Caselton died from multiple blunt force trauma. One family member noted that they were not allowed to even touch the body at the funeral home because of its condition.
Hart will also have to pay restitution of over $24,720, a $400.00 KBI lab fee as well as the court cost. She also has to register as part of the offender registration act and will be on three years post-release supervision after prison.