The driver who hit and killed a 13-year-old boy as he was riding his bicycle to school in October will spend the next two years on probation and pay a $1,000 fine after being found guilty of misdemeanor careless driving resulting in death.
On Tuesday, the courtroom at the Arapahoe County Justice Center was packed with family members and friends wearing red in support of Josh and Cassie Stewart, whose son, Liam, died in the crash.
Beth Hutchinson, the driver, also had members of her family in court for support.
On Oct. 17, Hutchinson was driving her kids to school in a 2010 GMC Yukon. At the roundabout intersection of West Arapahoe Road and South Elati Street, Hutchinson hit and ran over Liam, who was riding his bicycle in the bicycle lane.
Hutchinson’s sentencing followed a plea agreement laid out by the prosecution and defense when Hutchinson pleaded guilty in February.
Josh Stewart spoke to the court at the sentencing about how the tragedy has impacted his family and community.
“Our family, our community, our world has lost a bright light,” he said. “Our sons have lost their older brother and best friend because of a morning rush and a lack of attention.”
He said Liam, who had just celebrated his 13th birthday a week before he died, was “vibrant and full of joy.” He was on track to be an Eagle Scout someday and he wanted to go to the Colorado School of Mines. He was a generous person who always sat with the new kids in the cafeteria and became their friend, Stewart said.
The Stewart family was proud of being a family of five, with Liam being the oldest of three boys.
“(Hutchinson) can continue to hug her kids every day,” Stewart said. “She won’t know what it feels like to be a family of five that now asks for a table for four (at restaurants).”
Stewart said what happened to his son was not an accident. It was a mistake, he said, based on bad choices. He said Hutchinson made the choice to threat a large vehicle like a sports car, to ignore a school zone and to drive brazenly when she couldn’t see the road well.
He asked the judge to sentence Hutchinson to 14 days in jail to contemplate the impact of her mistake — a stricter sentence than that suggested by the plea agreement.
Stewart said two weeks was not so much time that it would ruin Hutchinson’s job or family, but this sentence would “tip the scales ever so slightly” in Liam’s honor.
Judge Danielle Touart said she understood the family’s desire, but she did not sentence Hutchinson to any time behind bars. During her probation sentence, Hutchinson will be required to complete 150 hours of community service.
Hutchinson’s attorney told the court that the crash has profoundly impacted her, her family and her life. He said Hutchinson’s goal from the beginning of the case was to do everything she could to make it easier for the Stewart family, which was why she immediately pleaded guilty to her charge.
On the day of the crash, Hutchinson was visibly shaking, crying hysterically and dry heaving after the incident, according to police records. She almost collapsed multiple times, records say.
Police reports say Hutchinson was most likely unable to see due to the bright morning sunrise when she crossed the intersection that day. Her sun visor was down and sunglasses were in the car after the crash, suggesting she had been wearing them when it occurred.
Hutchinson has no prior criminal history and, prior to this incident, had had only one traffic ticket.
During the hearing, she spoke to the Stewart family and the community suffering from the loss of Liam.
“I am sorry, and I know that sorry will never be enough,” she said, crying. “I would do anything to turn back the clock and undo every second of pain that I have caused.”
Touart said the prosecution provided 66 pages of letters from the community, highlighting the many lives Liam impacted. From the words of friends, neighbors and classmates, Touart said it was clear that Liam meant so much to people, in so many ways.
“To the Stewart family, there is nothing in the justice system to make up for the loss that you have and the devastation that you have been through,” she said. “There’s nothing that will give you the peace that you need, which is having him back.”
Some letters called for safer streets and measures to prevent future tragedies like this from occurring, but Touart said those changes are not in the power of the court.
In response to the family’s request for a harsher penalty, Touart said she had to consider many factors in deciding the sentence. She had to evaluate Hutchinson’s willingness to make restitution, her criminal history, whether she is likely to commit another crime, whether imprisonment would impact her dependents, whether she was cooperative with law enforcement and more.
Based on these factors, Touart said she believed the sentence laid out in the plea agreement was reasonable.
She noted that Hutchinson’s demeanor had come across as remorseful in every appearance. Although not comparable to losing a child, Touart said Hutchinson will live with that feeling for the rest of her life.
If determined possible and reasonable by the probation guard, Hutchinson will complete her community service hours by serving as a crossing guard at Euclid Middle School, where Liam was a student. Touart said this direction may be amended if it is determined that the role will cause more trauma and grief to the Euclid community.
Hutchinson will also be required to take a driving class, among other requirements and court costs.
Touart said she will not hesitate to sentence Hutchinson to jail if she violates probation in any way.