Townsend gets 30 days in jail

[zeb1094]

Townsend gets 30 days in jail
By Amy C. Rippel, Anthony Colarossi, and Pedro Ruz Gutierrez | Sentinel Staff Writer
Posted March 29, 2006, 2:29 PM EST

Ashley Townsend, a college student who ran a red light in 2004 and killed two girls as they crossed the street with their mother, received a 30-day jail sentence for vehicular homicide Tuesday, but she could have gotten as much as 18 1/2 years, a check of court files this morning shows.

Her plea agreement with the prosecutor's office says she was adjudicated guilty in the deaths of Anjelica Velez, 5, and Victoria Velez, 2, Townsend, 23, withdrew her previous plea of not guilty and was adjudicated guilty. She was ordered to serve 30 days in the Orange County Jail without the chance of work release.

After she is released from jail, she will then be on seven years' supervised probation with the Department of Corrections, which can be transferred to Leon County, where her family lived before she came to the University of Central Florida to train as a teacher. She also must serve 500 hours of community service, completing 10 hours per month by speaking to young drivers about safe driving. Her drivers license was revoked for three years.

The plea was entered during a 4 p.m. hearing before Orange Circuit Judge John Kest that was not publicized in the court clerk's online system and not covered by the local media. Townsend was booked into jail before 6 p.m. Tuesday, but the agreement didn't come to light until about 11:30 p.m. after a tip to the Orlando Sentinel.

A "score sheet" in the court file, however, shows that Townsend could have gotten more than 9 years on each of the vehicular homicide counts as the "lowest permissible prison sentence." The maximum would have been 30 years for both counts.

Judges are allowed to hand out shorter sentences. The plea was worked out between the defense and prosecution.

Judge Kest today said the 15-minute hearing was "not contentious at all." The Velez couple and Townsend were present in court.

"It's just a tragic situation. It was a negotiated plea with the state and the defense," Kest said. "The two little girls' parents were part of the plea process."

Neither Townsend nor the girls' parents spoke at the sentencing.

"Everyone seemed to be in total harmony in this case," Kest said, in reference to the attorneys' presentations before him.

Danielle Tavernier, spokeswoman for State Attarney Lawson Lamar said today:

"The victim's family supported it [the plea deal]," adding that the office considered the plea and sentence carefully. "Based on the totality of the circumstances, it [the plea deal] was appropriate."

Chief Assistant State Attorney Bill Vose said today that he had been reviewing the case and the plea negotiations with the prosecutor handling the Townsend case:

"It was an agreement that everyone could live with," Vose said. "It was a horrible thing to happen. How do you resolve that? There's no way you're going to make those kids come alive again."

"The judge, the prosecutor and the defense attorney all came to the conclusion that that [the plea deal] was a good resolution," Vose said.

He also noted, "The family wanted this."

On the sentencing and whether 30 days in jail is proper justice for someone responsible for the deaths of two young children, Vose said, "Justice is different in every case. She was convicted of what she was charged with."

The state's sentencing guidelines, which called for Townsend to spend a significant amount of time in prison, are there to standardize sentencing, but they weren't meant to be applied in every case, Vose said.

"They weren't put there to force an imposition of a sentence," he said, especially when all sides are in agreement about how the case should be resolved. "Justice isn't just 18 years," Vose said. "Everybody [including the Velez family] had a hand in it."

Vose said someone with the same charges represented by the Public Defender's office would, theoretically, get the same kind of treatment.

------------------------------------------------------------------------

Guess you can get away with murder in Orlando if you're on your cell phone...

 

[TheEarl]

They're right though. A lengthy jail sentence won't bring those children back. I'd imagine knowing that she caused their deaths through her own inattention is probably all the punishment she'll need.

The Earl

 

[Guest]

Townsend gets 30 days in jail
By Amy C. Rippel, Anthony Colarossi, and Pedro Ruz Gutierrez | Sentinel Staff Writer
Posted March 29, 2006, 2:29 PM EST

Ashley Townsend, a college student who ran a red light in 2004 and killed two girls as they crossed the street with their mother, received a 30-day jail sentence for vehicular homicide Tuesday, but she could have gotten as much as 18 1/2 years, a check of court files this morning shows.

Her plea agreement with the prosecutor's office says she was adjudicated guilty in the deaths of Anjelica Velez, 5, and Victoria Velez, 2, Townsend, 23, withdrew her previous plea of not guilty and was adjudicated guilty. She was ordered to serve 30 days in the Orange County Jail without the chance of work release.

After she is released from jail, she will then be on seven years' supervised probation with the Department of Corrections, which can be transferred to Leon County, where her family lived before she came to the University of Central Florida to train as a teacher. She also must serve 500 hours of community service, completing 10 hours per month by speaking to young drivers about safe driving. Her drivers license was revoked for three years.

The plea was entered during a 4 p.m. hearing before Orange Circuit Judge John Kest that was not publicized in the court clerk's online system and not covered by the local media. Townsend was booked into jail before 6 p.m. Tuesday, but the agreement didn't come to light until about 11:30 p.m. after a tip to the Orlando Sentinel.

A "score sheet" in the court file, however, shows that Townsend could have gotten more than 9 years on each of the vehicular homicide counts as the "lowest permissible prison sentence." The maximum would have been 30 years for both counts.

Judges are allowed to hand out shorter sentences. The plea was worked out between the defense and prosecution.

Judge Kest today said the 15-minute hearing was "not contentious at all." The Velez couple and Townsend were present in court.

"It's just a tragic situation. It was a negotiated plea with the state and the defense," Kest said. "The two little girls' parents were part of the plea process."

Neither Townsend nor the girls' parents spoke at the sentencing.

"Everyone seemed to be in total harmony in this case," Kest said, in reference to the attorneys' presentations before him.

Danielle Tavernier, spokeswoman for State Attarney Lawson Lamar said today:

"The victim's family supported it [the plea deal]," adding that the office considered the plea and sentence carefully. "Based on the totality of the circumstances, it [the plea deal] was appropriate."

Chief Assistant State Attorney Bill Vose said today that he had been reviewing the case and the plea negotiations with the prosecutor handling the Townsend case:

"It was an agreement that everyone could live with," Vose said. "It was a horrible thing to happen. How do you resolve that? There's no way you're going to make those kids come alive again."

"The judge, the prosecutor and the defense attorney all came to the conclusion that that [the plea deal] was a good resolution," Vose said.

He also noted, "The family wanted this."

On the sentencing and whether 30 days in jail is proper justice for someone responsible for the deaths of two young children, Vose said, "Justice is different in every case. She was convicted of what she was charged with."

The state's sentencing guidelines, which called for Townsend to spend a significant amount of time in prison, are there to standardize sentencing, but they weren't meant to be applied in every case, Vose said.

"They weren't put there to force an imposition of a sentence," he said, especially when all sides are in agreement about how the case should be resolved. "Justice isn't just 18 years," Vose said. "Everybody [including the Velez family] had a hand in it."

Vose said someone with the same charges represented by the Public Defender's office would, theoretically, get the same kind of treatment.

------------------------------------------------------------------------

Guess you can get away with murder in Orlando if you're on your cell phone...

*sigh* my home town, what evil have you done? Although, if she's any humanity at all, Townsend will carry this with her every day of her life. It will color everything she does. A friend of mine's son got 2 years for his vehicular homicide (he hit a man on a dark country road -- why the man was walking there is unknown, but it's said he was drunk. Friend's son had also had a drink that night, and got the time more for being under age 21)

IIt's one reason I'm careful as hell when I drive through and around the place anymore...tiny too tan women, with acrylic nails, boobjobs, blonde highlights and conspicous gold jewelry, driving giant SUVs and talking on cell phones are disturbingly common and terrifying.

 

[zeb1094]

They're right though. A lengthy jail sentence won't bring those children back. I'd imagine knowing that she caused their deaths through her own inattention is probably all the punishment she'll need.

The Earl

I'm sure those thoughts are very consoling to the mother and father who lost their children. Being a parent/grandparent I would be outraged at the deal that the state cut with this...words fail me...person. She should have served the maximum - 18 1/2 years. Instead she gets a slap on the wrist.

 

[TheEarl]

I'm sure those thoughts are very consoling to the mother and father who lost their children. Being a parent/grandparent I would be outraged at the deal that the state cut with this...words fail me...person. She should have served the maximum - 18 1/2 years. Instead she gets a slap on the wrist.

Maybe the parents don't see the point in a fruitless revenge? The article mentions that they were involved in the plea bargain at all stages and presumably, they could've screwed her to the wall over it.

It was carelessness and putting the driver away won't do anything at all to make anything better. I'm not sure I could take that attitude and be that rational if it were my children, but it sounds as though the parents don't want to compound one evil with another.

My thoughts are with them anyway.

The Earl

 

[zeb1094]

*sigh* my home town, what evil have you done? Although, if she's any humanity at all, Townsend will carry this with her every day of her life. It will color everything she does. A friend of mine's son got 2 years for his vehicular homicide (he hit a man on a dark country road -- why the man was walking there is unknown, but it's said he was drunk. Friend's son had also had a drink that night, and got the time more for being under age 21)

IIt's one reason I'm careful as hell when I drive through and around the place anymore...tiny too tan women, with acrylic nails, boobjobs, blonde highlights and conspicous gold jewelry, driving giant SUVs and talking on cell phones are disturbingly common and terrifying.

Doesn't matter why you were there, what your condition was, it's the drivers responsibility to avoid pedestrians. Even if they are jaywalking, it's still in the drivers hands. That is one of the responsibilities you except for the priviledge of driving a motor vehicle, so are the consequences.

 

[zeb1094]

Maybe the parents don't see the point in a fruitless revenge? The article mentions that they were involved in the plea bargain at all stages and presumably, they could've screwed her to the wall over it.

It was carelessness and putting the driver away won't do anything at all to make anything better. I'm not sure I could take that attitude and be that rational if it were my children, but it sounds as though the parents don't want to compound one evil with another.

My thoughts are with them anyway.

The Earl

I understand that, I was just expressing my outrage at the short jail time. Two years, three years would have been more reasonable to me. But 30 days is a joke!

 

[cloudy]

I'm sure those thoughts are very consoling to the mother and father who lost their children. Being a parent/grandparent I would be outraged at the deal that the state cut with this...words fail me...person. She should have served the maximum - 18 1/2 years. Instead she gets a slap on the wrist.

It said in the article you posted that the parents agreed with the plea bargain, zeb.

I'm not sure I could be as generous in spirit were it my children, but it wasn't. It's not up to us to decide what justice is. They were their children, and it's sort of their call.

 

[zeb1094]

It said in the article you posted that the parents agreed with the plea bargain, zeb.

I'm not sure I could be as generous in spirit were it my children, but it wasn't. It's not up to us to decide what justice is. They were their children, and it's sort of their call.

See my reply to The Earl above.

 

[Pure]

i think it's an egregiously light sentence, if she was reckless and without good excuse (from the posting i don't know all the facts). and let her community service involve scraping people up on the road who've been hit by careless or bad drivers.

I don't know that this is the case, but using the cellphone= reckless, imo.

 

[Selena_Kitt]

My heart aches for all of them...

my sister was hit by a car when she was three and a half and killed... she was crossing the street between two parked cars... the man was elderly, and didn't see her run out...

there is no pain like the loss of a child... and I agree with Earl, nothing can bring them back...

these are people who have a lot of compassion and forgiveness in their hearts... I am moved by that...

 

[oggbashan]

It is very easy to kill someone when driving.

There are significant differences between a driving error by a normally responsible driver that would not have caused death except that a pedestrian was there; and driving while drunk, on drugs and at high speed in a stolen car not caring whether anyone got hurt.

Locally we have a high proportion of mobile elderly people who do not see or do not notice cars approaching. Every other year one dies from stepping out on to the road immediately in front of a vehicle. While locals try to take care, a pedestrian who unpredictably turns and walks out without looking cannot always be avoided. It is not usually the driver's fault, nor usually could the driver have taken any precaution that could have avoided the fatality.

We also have young drivers who race through the streets at high speeds after drink or drugs. If they kill someone that is wholly different. However, their remorse seems less than that of the careful driver who killed because the old person was unpredictable.

Each case needs to be judged on its merits. 500 hours community service may not seem much. Each hour will remind Townsend that she killed.

Og

 

[Colleen Thomas]

Thirty days for killing two children is...words fail.

 

[Guest]

Doesn't matter why you were there, what your condition was, it's the drivers responsibility to avoid pedestrians. Even if they are jaywalking, it's still in the drivers hands. That is one of the responsibilities you except for the priviledge of driving a motor vehicle, so are the consequences.

I told my example to outline the inbalance of the charges, not to excuse anyone of responsibility.

I don't say there isn't responsibility for driving. I do say that there is responsibility for any action anyone takes, including walking. There are places in this world where it is pure foolishness to walk alone at night, and I'm certain you could pick out a number of other foolish actions that lead to disaster where everyone participated in the decisions leading up to the event.

The particular road to which I refered is through a wildlife area with little shoulder, no lights and many trees. It is not safe to walk there in daylight because of the curves and visual obstructions. Even driving through I'm careful because it's too easy to hit creatures -- deer, raccoons, even black bears. It's just as easy to hit someone walking along the roadside who steps into the roadway. Driving a car does infer great responsibility, but not superhuman powers of observation and reflex. Every capable adult takes responsibility for themselves where ever they are and what ever they do -- even if they'd rather not.

What I meant to point out in this case is the imbalance in the sentence. My friend's son served two years in prison, which of course has changed his future forever and while it may have soothed the family of the dead man, it certainly didn't return him to life or provide anything worthwhile for the rest of the world. We are one county up from Orlando/Orange County. While I can applaud the parents choice not to take revenge, I think the sentence was too light. Even if only community service was given, it should have been for a much longer period. I don't know that a prison sentence would create any good in the world, but that young woman's work in the service of others could produce much good for herself and for others.

My own father had a two year community service sentence for a drunk driving charge. He did not harm anyone or cause damage (and this was some years ago, before the laws were made more strict and drunk driving was, honestly,not viewed as it is now). I have seen enough people do stupid things with a cell phone pressed to their heads to think it at least half as much of an impairment, and perhaps more because there is no one around imploring others to take away the cell, as we are all now accustomed to taking away the keys from anyone inebriated.

 

[zeb1094]

I told my example to outline the inbalance of the charges, not to excuse anyone of responsibility.

I don't say there isn't responsibility for driving.

And I was just using your quote because I agreed. I should have said that right up front before I went into my other rant. Sorry.

 

[Guest]

And I was just using your quote because I agreed. I should have said that right up front before I went into my other rant. Sorry.

::hug:: It's too damned easy to misinterpret people online.

 

[ElizabethWest]

Maybe the parents felt this girl would be more effective telling her story to others to increase awareness to young drivers. Sitting in a cell for 30+ years would not be a reminder to others.

Although I don't think I could agree to it if I were the parent of a dead child.

 

[Svenskaflicka]

No, no, Zeb, being on the cell phone doesn't let you get away with murder. Your victims have to be of a minority for any get-away-ness to occur.

 

[Liar]

I don't know that this is the case, but using the cellphone= reckless, imo.

Zeb said: "Doesn't matter why you were there, what your condition was, it's the drivers responsibility to avoid pedestrians. Even if they are jaywalking, it's still in the drivers hands."

Which I don't agree with 100%. Within certain reason, a pedestrian also has the responsibility to act responsibly in the traffic. If someone jumps out from behind a parked car and throws himself in front of my tires, it's not my fault.

However, in this case, I can't see that the case is unclear. On the phone or not is irrelevant. She ran a red light. Unless you're an emergency veichle, or are being chased by gun toting homicidal smurfs in tanks, you just don't do that. She did a non-negotiable wrong, and people died.

 

[ElizabethWest]

or are being chased by gun toting homicidal smurfs in tanks

I know this is a serious thread, but that image...

 

[TheEarl]

I understand that, I was just expressing my outrage at the short jail time. Two years, three years would have been more reasonable to me. But 30 days is a joke!

I'm curious to understand the thought processes here, so this question is very definitely not a wind-up. What would be improved by this woman being in jail for two or three years? What changes if she's put in jail?

However, in this case, I can't see that the case is unclear. On the phone or not is irrelevant. She ran a red light. Unless you're an emergency veichle, or are being chased by gun toting homicidal smurfs in tanks, you just don't do that. She did a non-negotiable wrong, and people died.

I've run a red light before. I didn't do it on purpose and I certainly wasn't doing any great speed, but I got confused by unfamiliar roads and a weird, weird junction in the dark and I went through a red light. Thankfully, it was 3:00am and there was no-one around (aside from our friendly neighbourhood traffic camera) and thus no-one got hurt.

It's not an action of someone outrageously incompetent, irresponsible or dangerous. It's confusion over road markings or a momentary lapse of concentration and it's something that every driver is capable of. Don't be so quick to judge this woman.



I don't talk on the phone when I'm driving and if I've drunk anything, I don't get behind the wheel. Yet, I'm fallible, because I'm human. I'm not superman behind the wheel and I think that drivers reading this should be taking the attitude of, "There but for the grace of God," because with a bit of bad luck, she could be you.

And would any amount of jail time ever make you clean if you knew you'd killed a child?

The Earl

 

[Selena_Kitt]

Beautifully stated, Earl...

and the only "service" her sitting in jail provides in a punitive sense of "justice." Unless we are missing some major facts (like she was drinking/on drugs etc.) it doesn't sound to me like this woman is a menace to society... she made a serious mistake. We all make serious mistakes. In cases like these, it is simply the victims' families sense of justice that any jail time serves... and if this family has forgiven her... why can't we?

 

[Colleen Thomas]

Beautifully stated, Earl...

and the only "service" her sitting in jail provides in a punitive sense of "justice." Unless we are missing some major facts (like she was drinking/on drugs etc.) it doesn't sound to me like this woman is a menace to society... she made a serious mistake. We all make serious mistakes. In cases like these, it is simply the victims' families sense of justice that any jail time serves... and if this family has forgiven her... why can't we?

Forgiveness is the Lord's province, whatever god you believe in. Justice is the responsibility of the criminal justice system. I don't want the justice system dispencing forgiveness, I want it to be abou the bussiness of providing society at large with protection.

this is not to say I think she should be jailed for the rest of her life. Or even that I think the judge was wrong in allowing such a non sentence for two dead children or that I think the Da was wrong in giving such a lenient plea bargain.

It is merely to say, the reason I don't buy into this line of thought is because I don't want a justioce system based on fellowship, forgiveness and love of your fellow man. I've been to sing sing and I'm quite content to say I am really happy most of those men are behind bars. I don't like the precedent being set in this case. I would rather her pastor, the victims family et al dispense forgiveness to her. 30 days for negligent vehicular homicide of two kids just seems a travesty to me.

If it had been one of Ogg's examples of you just couldn't do anything to prevent it, that's a case where leniency is warranted, perhaps even demanded. But she ran a red light and was apparently on the phone. That's negilgence on her part. And it would seem to me, in a case where your negligence caused deaths, that something more than 30 days at the county lock up was in order.

 

[TheEarl]

If it had been one of Ogg's examples of you just couldn't do anything to prevent it, that's a case where leniency is warranted, perhaps even demanded. But she ran a red light and was apparently on the phone. That's negilgence on her part. And it would seem to me, in a case where your negligence caused deaths, that something more than 30 days at the county lock up was in order.

I can't condone the mobile phone, but everyone fucks up. Some people fuck up and there's no-one there. And they get to thank god and get away with it. Some people fuck up and they've ended two young lives.

It's like this poor woman in England who's in the papers at the moment, who accidentally shot her husband. He liked guns and she was doing a sexy dance in negligee with a shotgun. The safety mechanism had broken and when she put it down on the floor, it went off and killed him.

That's a fuckup. She shouldn't've been playing with the gun, but it was an honest to goodness fuckup and, assuming her story's true, she will probably not go to jail, despite being patently guilty of manslaughter.

I'd prefer my law to be just, rather than rigid. That's why judges have these freedoms, do they not? Because every case is different.

The Earl

 

[zeb1094]

I'm curious to understand the thought processes here, so this question is very definitely not a wind-up. What would be improved by this woman being in jail for two or three years? What changes if she's put in jail?



I've run a red light before. I didn't do it on purpose and I certainly wasn't doing any great speed, but I got confused by unfamiliar roads and a weird, weird junction in the dark and I went through a red light. Thankfully, it was 3:00am and there was no-one around (aside from our friendly neighbourhood traffic camera) and thus no-one got hurt.

It's not an action of someone outrageously incompetent, irresponsible or dangerous. It's confusion over road markings or a momentary lapse of concentration and it's something that every driver is capable of. Don't be so quick to judge this woman.



I don't talk on the phone when I'm driving and if I've drunk anything, I don't get behind the wheel. Yet, I'm fallible, because I'm human. I'm not superman behind the wheel and I think that drivers reading this should be taking the attitude of, "There but for the grace of God," because with a bit of bad luck, she could be you.

And would any amount of jail time ever make you clean if you knew you'd killed a child?

The Earl

Then lets just run on down to the prison and let everyone on out that really didn't mean to kill someone!

It's called Justice. And Justice is supposed to be blind and treat everyone the same under the law. The United States is a country of law and althought the judge in this case felt that justice had been served, personally I feel it was not!