LIHUE — A woman charged in an accident that resulted in the death of her husband was sentenced to probation and no jail on Thursday in 5th Circuit Court. Lois Bailey Jackson, 72, of Portland, Ore., was sentenced to a
LIHUE — A woman charged in an accident that resulted in the death of her husband was sentenced to probation and no jail on Thursday in 5th Circuit Court.
Lois Bailey Jackson, 72, of Portland, Ore., was sentenced to a year of probation as a condition of a deferred acceptance of a no-contest plea in January. If she successfully completes probation, she can motion for the charges to be removed from her record.
“Miss Jackson, this was an unfortunate accident with severe consequences and I understand that,” said Chief Judge Randal Valenciano.
Bailey Jackson was also seeking to have her probation transferred to Oregon. The judge said the probation department would need to work out details prior to a court decision. Valenciano said at the plea hearing the court would not seek a jail term in this case. The misdemeanor charge did not present a mandatory minimum jail term at sentencing.
Bailey Jackson and her husband, Alva Eugene Jackson, 77, were visiting Kauai on Feb. 6, 2013. Lois was driving their rental car when she attempted a U-turn from the northbound shoulder of Kuhio Highway, near the lookout across from the Kaiakea fire station.
A northbound pickup truck collided with the driver’s side of Bailey Jackson’s vehicle as she tried to enter the lane. She had to be extricated from the vehicle and suffered head injuries, while her spouse died from his injuries.
A 5th Circuit grand jury indicted Bailey Jackson on Aug. 14, 2013. The county prosecutor’s office sought charges according to state law, which states that driving a vehicle in a negligent manner and causing the death of a person 60 years of age or older, is a crime.
Bailey Jackson was arrested on Oct. 7, 2013 and charged with second-degree negligent homicide and inattention to driving. She pleaded no contest to a reduced charge of third-degree negligent homicide on Jan. 21.
Private attorney Craig De Costa said this is a case of simple negligence. The defendant failed to check her blind spot before merging into traffic.
“She suffered the loss of her husband in the accident, and must deal with her part in that for the rest of her life,” De Costa said.
De Costa argued for a deferred acceptance of the guilty plea.
He said the defendant has never received a traffic ticket in her life.
The deferment would allow her to keep her nursing license, he said. It would also let her continue to work with and represent various charities in her other career.
“She is the model person for whom the deferment system was created,” De Costa said.
County Deputy Prosecuting Attorney Melinda Mendes said the terms of the plea agreement are set, so the state would not object to the deferred sentence motion as a condition.
Mendes recommended the court order a driver’s safety course.
Both the prosecution and defense asked for a $500 fine as an alternative to serving time. The court did not impose a fine or time.
