Circuit Judge Thomas Houghston sentenced Amy McCormick to 10 years in jail Thursday (July 16, 2009) for the deadly head-on crash that killed Brett Maynard.
The sentence followed an emotional hour in which McCormick and Maynard's family talked about how that tragic November night changed their lives.
Maynard, 35, of James Island was killed and his wife, Jill was injured in the crash in the westbound lanes of the James Island Connector. McCormick was going in east in the westbound lane. She was charged with two counts of felony DUI and one count of child endangerment.
More details from the Charleston Post and Courier, 10 Years for Chef's Death. Where you can read countless comments condemning the Judge for handing out what most consider a weak and not nearly harsh enough sentence.
While the torch toting, pitchfork, and club carrying crowd have encircled the court house with a lynch mob mentality, it is clear to Cedar Posts that McCormick got a raw deal.
Although many consider anything less than a life sentence inadequate, the law clearly differentiates between murder and manslaughter.
McCormick's court appointed attorney Ted Smith, should be ashamed of his performance. Ms. McCormick has without a doubt received little if any legal representation. It may be she only wanted to "get it over with" which many defendants feel is all they can do.
In fairness to Mr. Smith his client was facing up to 25 years and considering the case, including her history, he may have had little choice but to have her plead guilty all the charges.
Amy McCormick
McCormick is guilty, yet there is still no reason for her to appear before the judge shackled, in a prison jumpsuit and looking disheveled.
CORRECTION: Cedar Posts has over looked the fact that in South Carolina once a defendant has entered a guilty plea and has not posted bond that the court is under no obligation to allow the defendant to appear in anything but prison attire.
Cedar Posts has been told that Mr. Smith offered nothing to the Judge except the usual defense rhetoric stating that his client accepts full responsibility.
It is Cedar Posts opinion that what transpired yesterday was the result of inept and ineffective counsel. This is not to be construed as an attack on Mr. Smith as much as it is an attack of the system that has failed us.
McCormick's husband who did not attend the sentencing should be equally ashamed.
And while the rest of us go on about life, enjoying our weekend Ms. McCormick will continue to live a life of rot that she started long ago and Ms. Maynard will endure a life of lost hopes and dreams.
It is Cedar Posts opinion that after one year of prison the rest will accomplish nothing and do nothing but destroy another life.
No amount of punishment will bring Brett Maynard back.
No amount of punishment will rebuild Amy McCormick’s life.
No amount of punishment will restore Jill Maynard’s dreams.
We have failed them all.
Prior Cedar Posts:
Drunk Driver Murders Young Husband
Tragic James Island Connector Accident Facts Slowly Revealed
12 comments:
Cedarposts -
Let me start by saying that, while I disagree with many of your points - considering the relative banality of comments on charleston.net, you at least usually have a discernible intelligible point to make. This sets you apart from most on that forum. You also seem to be a fairly intelligent and honorable person and so I am going call to that honor and ask you do something that is hard for anyone to do - come out like a man and admit two things.
In this post you attack the credibility and competence of a person that all know to be an excellent and honorable man. Ted Smith does a great job and conducts his business in such an ethical and proffessional manner that he is one of the few lawyers I know who both friends and opponents have a great deal of respect for. Accordingly, I was very troubled by your posts today.
I cannot ask you to change your mind about the job he did in this case, nor would I, but I would like for you, as an honest and honorable person, to openly admit two things:
1. "I am deeply ignorant of the rules regarding client dress in court." This point is obvious, despite the "knowing" tone of your post. The law has long established that incarcerated clients have a right to "dress out" when appearing in front of a jury so as not to prejudice the proceeding. However, when appearing before a judge only - not only does the client not have that right, but "dressing out" is not allowed and shackling is mandatory. You may not agree with this rule, but slandering a man's work and career based solely on your ignorance of the rules is totally out of bounds.
2. "I was not present at the guilty plea in this case, and my opinion of Mr. Smith's job is based solely from a one sentence blurb in an article I read."
This point is also obvious, seeing as how Mr. Smith, by any standard (I have witnessed thousands of guilty pleas, by the way) did an extensive and effective job of giving the court "the whole story" of his clients life and the facts of this case. I am one of those who believe she deserved a longer sentence; however, I also acknowledge that it was Mr. Smith's effective counsel that lead to a sentence over 15 years under the maximum.
In conclusion - we all have knee-jerk reactions to articles we read, especially when they cover such emotional topics (I am as guilty as anyone). However, slandering a good man's work and career based only a one sentence blurb and some ignorant baseless notion of what the court rules are should be totally out of bounds for a person of your apparent character.
I ask only that as an honorable person, you admit that you were not present at the prolonged guilty plea and were not aware (when the above post was made) that Mr. Smith did not have the option of "dressing up" his client.
I thank you in advance for your honesty and integrity.
CoCougers - I acquiesce and have corrected my post accordingly.
Cedar you are a freaking WACK JOB this bitch needs to spend the rest of her skank life in prison.
She had her second chance with her two prior arrests.
Anyway I thought you were is support of ZERO tolerance!
From coccougars -
Thanks, cedar posts. While, having been there, I still disagree strongly with your opinon of Mr. Smith's job in this case, I think your willingness to edit your post speaks volumes about your character. Thank you - and keep up the good work.
This woman has had numerous chances to choose the lawful trail over the unlawful trail. However, time after time, her selfishness overode logic and lawfulness. She took innocent lives away without a second thought. She should in fact spend the rest of her days in prison because she remains a danger to society. This applies equally to all criminals. Violent criminals should be incarcerated forever after their 2 conviction because they just don't get it. Well, it is time we showed them what "it" is, because we should only have to show a few before the word gets out.
I normally would not leave a comment, but I cannot let this one slip by.
I would like to address one particular statement made in your blog: “McCormick's husband who did not attend the sentencing should be equally ashamed”.
That’s a pretty bold statement considering you are an outsider and like so many others, are operating without all of the facts.
I guess it wasn’t enough that her husband was already providing care for their child while she continually drank herself into oblivion. I suppose it shouldn’t matter that she would often leave her child and her husband at night and sometimes not come back. It shouldn’t bother him that she took their son from their home in the middle of the night after drinking enough alcohol to put her over twice the legal limit, smashing head on into an oncoming car while going the wrong direction, killing a man, wounding his wife and nearly killing her own son. And I suppose he should just overlook the fact that she was pregnant with another man’s child.
And HE should be ashamed? Absolutely ludicrous.
He was there while that child fought for his life not knowing if he would live or die. He watched his child suffer while he struggled to walk again. She was where she deserved to be; locked up in prison paying for what she did to her child, her family, her husband, and the family and friends of the man she killed.
That child has to live with not only the physical scars that were given to him by his own mother, but the tremendous emotional burden of knowing that while she could have easily left him peacefully sleeping in his bed that night, she instead cared so little for his well being, that she put him in the car with her.
Before you criticize people for their actions, perhaps you should consider the possibility that maybe you do not know all of the facts
To Anonymous 11:23
I stand by my statement; Amy's husband should be ashamed.
So should his family.
Too many times we all attend weddings, and leave having made a promise to support the couple's commitment.
Yet when life turns to dirt, we take sides and throw stones.
I suggest that Amy's husband, his family, her family and their friends all played a role in this tragedy. Each enabled this behavior, yet I see few who have stepped up to say I should have done something.
Few indeed, and certainly not you.
This nutty broad lived with me in Charlotte 10 years ago. She was a trainwreck then. The people who should be ashamed are her parents. They are both doctors and very consumed with their own life and social standing. They never acted like they even cared about her. It was kinda sad. I went through the exact same thing with her. In Charlotte, the guy didn't die
Right on Eric. She was a problem child early in life. Parents did nothing
Right on Eric. She was a problem child early in life. Parents did nothing
To anonymous who posted after mine, you seem to have known her. Did you? If so, I would love to talk to you. Additionally, her husband had nothing to do with any of this. I have since found out that he is legally retarded. His level of comprehension is about 3rd grade. I am in touch with his family and feel sorry for them. Happy to report the child has recovered to the point where he can have a somewhat normal life.
Buddy Foster
To everyone who has posted Amy is a great person. She did drink but no drugs. She has been given prozact and that makes it worse when you drink. She helps people yes she screwed up I am so sorry for everyone that was hurt and killed. Eric was right her parents did nothing for her. If anyone knows what prison shes in please let me know. I am regretting not helping her more You can email me at bud4fun1@gmail.com. I would like to go see her
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