Felony death by vehicle–Guilty

Felony death by vehicle–Guilty

Intoxicated driver causing Mary Couey’s death going to prison

By Frank Bradley

Sentinel writer

Almost two years after the death of 28-year old Mary Couey, who was killed in a vehicular collision on the Franklin mountain, the driver of the oncoming truck that crossed over into her lane causing the accident pled guilty and was sentenced Monday to serve a minimum of 24 months and a maximum of 34 months in the North Carolina Department of Corrections in Raleigh.

State highway patrolman Officer Jeff Beavers testified that it was the worst traffic accident he had investigated in his 17 years with the patrol.

“When I arrived on the scene, her Pontiac was turned over resting on its top on the shoulder of the road,” he said. “She (Mary Couey) was dead still seated partially ejected out the window.”

Officer Beavers said the driver of the truck, Prapa Lanpolsaen had sustained minor injuries and was later medic-evacuated to a hospital in Chattanooga . He said he had noticed alcohol on his breath and ordered blood be drawn, which came back from the lab registering 0.17. Beavers said Lampolsaen asked several times at the accident what had happened, and the next day in the magistrate’s office he was crying, said he was sorry and asked to speak to the family.

Assistant District Attorney Tessa Sellers said Couey’s autopsy determined her cause of death was a result of a severed spleen and severe head and neck trauma.

Lampolsaen had been charged with Felony Death by Vehicle, Driving while Impaired and Reckless Driving. The last two charges were dropped during a plea agreement. Lampolsaen spoke briefly at the sentencing expressing sorrow. Carolyn Morrow spoke on his behalf as to his character saying the people who know him know that he is a good person. He is married and has three boys. His attorney Jerry Townsend said he didn’t do it intentionally. That from the first day, he pled guilty, wanted to take responsibility and wishes he could do something to change the situation, which of course he can’t.

Prior to sentencing several members of the Couey spoke expressing their grief, anger and asking that Lampolsaen be held accountable to the maximum extent of the law.

“I lost my daughter forever, and I mourn her everyday,” Kerry Couey, Mary’s father told the court. “She was a wonderful daughter. My wife and I always said she was a perfect daughter in ever way. I don’t believe we have a picture of her when she was not smiling. She was the light of my life. I can’t express to you how devastated I was. I want the law enforcement community to give this man the maximum sentence it can.”

Mary’s sister Susan Couey told the court that Mary was not only her sister, but her best friend. “I miss her so much,” she said. “I just want her back. The man who hurt her is still walking around. No one should ever feel as lonely, sad and mad as I am. She was the most amazing person ever.”

Rose Couey, Mary’s mother, said, “This man chose to disregard the law, putting people in danger. I am constantly haunted by Mary’s death. She is on my mind when I go to sleep at night and when I wake up. She is gone from this earth forever. I want her back. I want to hear her laugh, see her smile, feel her hug around my shoulders. She was engaged to be married. Instead of planning a wedding, I had to plan a funeral. I can never forgive you (Lampolsaen) for the pain I suffer every day in my life. Your disregard for human life caused her death. I want to see the maximum punishment handed out. Maybe seeing you life in prison will be a reminder of others of the pain and suffering you caused.”

Prior to announcing the sentence, Judge James U. Downs said to Lampolsaen, “You caused this young woman’s life to be snuffed out. A 0.17 alcohol level is highly toxic. I don’t believe the mitigating factors in this case outweigh the aggravating factors. Under the North Carolina sentencing guidelines, this is a Level 2 Class E Offense. Your are sentenced to a minimum of 24 months and a maximum of 38 months in the North Carolina Department of Corrections.”

Downs said the sentence was to be diminished by the number of days he had spent incarcerated, and that he was to be allowed to work under the work release program with half of his earnings going to his children and the other half going to pay of  the $4,653 in property damages.

At 12:25 p.m., Lampolsaen was taken into custody by the Clay County Sheriff’s Department to be transported to the DOC in Raleigh.

Talking with Rose Couey after the sentencing, she told me that the judge had given the defendant the maximum sentence he could under the law, but that she believes the law needs to be changed. “It is bad,” she said, “that our court system thinks that’s all a life is worth.”

She said she felt Lampolsaen had not changed, was not repentant as a result of the accident. “He never shed a tear,” she said.  ”He admitted he was still drinking up to seven months ago. He was issued a misdemeanor ticket for driving with an open container one day after the anniversary of my daughter’s death.”

Bonnie DeMarco, who is the mother of Mary’s fiance, said her son Tony was all broken up over her death. That he could no longer stand to live here in Clay County. That his life had been so disrupted, turned upside down that he had moved to

Alaska.