Judge Issues Sentence in Automobile Homicide Negligence Case

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Alvin Clint Carter appeared before Judge Douglas B. Thomas Monday afternoon for sentencing in a case that stemmed from an auto accident on July 7, 2013, which claimed the life of Brooke Tomadakis, 22, of Price.

Carter, 28, was charged and pleaded guilty to the charge of automobile homicide negligence by DUI. According to a negligence report written by Carter and presented to the court during arraignment, he explained that he was driving a vehicle near Scofield last July when a tire ran off the pavement, forcing the vehicle off the road. The truck rolled several times, fatally injuring Tomadakis.

Following the accident, Carter’s blood alcohol level measured .08 percent or greater, leading to the felony charge.

After weighing the facts in the case and reviewing a pre-sentencing report prepared by Adult Probation and Parole, Judge Thomas sentenced Carter to one year in the Carbon County Jail, three years probation and a $1,500 fine.

“This is an extraordinarily tragic case,” Judge Thomas stated. “I don’t understand, but appreciate the depth of the family’s loss.”

Prior to sentencing, family members of Tomadakis addressed the court. In a statement written by the victim’s mother, Terri Sandoval, she expressed her grief.

“The last nine months have been a living nightmare. I relive the nightmare everyday,” Sandoval explained. “I never got to say goodbye. His actions took everything from me.”

Tomadakis’ sister Brittany Biondich also spoke before the court.

“A piece of me died when she died. Her death affected everyone who knew her,” she explained. “He did not intentionally kill Brooke, but he did intentionally drive drunk and he should pay the full punishment. Brooke does deserve justice.”

Although Carter did not address the court directly, his attorney Earl Xaiz did.

“From the day I met my client, he has expressed remorse and claimed responsibility for his actions,” Xaiz said. “Mr. Carter told me it was his fault and that he should have died that night. If he could do anything to change things, he would.”

Because Carter’s actions involved drinking and driving, the family asked the judge to implement a public service requirement as part of sentencing. Judge Thomas agreed, and Carter must now participate in a public service announcement of the importance of not drinking and driving and the results of doing so.

Carter’s sentencing has put closure on court proceedings, but according to the Tomadakis family, complete closure may never come.

 

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