No jail time for driver who killed pedestrian

Jun 9 2011 - 1:30pm

FARMINGTON -- A man who hit and killed a pedestrian with his car while he was reading a text message behind the wheel will not serve any jail time, as long as he honors his probation.

Thursday morning, Craig Moyes, 20, of Layton, appeared in 2nd District Court and was sentenced to serve 240 hours of community service and to pay a $375 fine. In April, Moyes pleaded guilty to one count of negligent homicide, a class A misdemeanor, and one count of careless driving, a class C misdemeanor.

"I did not even see the victim, if I would have I would have stopped that fast," Moyes said on Thursday while snapping his fingers. "Once I found out what I hit, who I hit, I broke down in tears."

Moyes' vehicle struck 20-year-old Alex Carr on Dec. 9, 2010, as Carr was walking through a crosswalk at 442 South State Street in Clearfield. Carr died four days later after being taken off life support at McKay-Dee Hospital.

Moyes suffers from a traumatic brain injury due to complications at birth, and that injury was taken into account by both prosecutors and the victim's family. Deputy Davis County Attorney Brandon Poll said that members of Carr's family had voiced their opinion that jail time was not a needed form of punishment. Poll specifically mentioned his conversation with Carr's mother.

"She doesn't feel there is a punishment that will change what happened," Poll said.

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