Merrittstown man sentenced for fatal accident
Photographs of the late Kelly Jo Branson with her children, Macie Jo and Dakota, were presented in Fayette County Court on Friday by her husband, Adam Branson of Uniontown, as he gave a victim's impact statement prior to the sentencing of Donald Lowther, 41, of Merrittstown.
Lowther
Emotional testimony was presented Friday before a Merrittstown man was sentenced in connection with a drunken driving accident that killed a Uniontown woman and injured her husband.
Adam Branson, whose wife, Kelly Jo Hyatt Branson, 21, was killed in the Dec. 29, 2011, accident, read a statement in Fayette County Court, shared photos of his wife with their two young children and told the defendant Donald William Lowther, 41, what the accident had taken from him and from his in-laws, John and Karla Hyatt of Uniontown.
“She was my soul mate, my best friend and a wonderful mother to our two children,” Branson said. “That night changed everything. It changed me and it changed my children. We lived for her and we loved her. My daughter was only eight months old the night she (Kelly Jo) died. My son was 2 ½.”
Kelly Jo Branson had picked her husband up at work and they were returning to their home when their car got a flat tire. Adam Branson said he hadn’t even gotten the spare tire out of the trunk when the accident occurred.
Assistant District Attorney Doug Sepic noted that the Bransons did everything they could to be visible during the emergency stop. They were wearing reflective vests and had the four-way flashers on their car turned on.
“The victims in this case did everything right to be visible to vehicles on the roadway. There was no reason for the defendant not to see them and to have tried to avoid this accident, other than the fact that he was under the influence of alcohol,” Sepic said.
A plea agreement of five to 10 years in prison had been suggested, but Sepic said the victim’s family did not feel that was an appropriate punishment for the death of Kelly Jo Branson and the serious injuries to Adam Branson.
Judge Nancy Vernon agreed.
“The court is very sympathetic to your loss,” Vernon told Branson. “It is unimaginable what you have gone through. I never would have accepted the original plea offer in this case.”
Vernon then turned to the defendant, listing past criminal offenses and addressed him regarding the drunken driving accident.
“You entered into a vehicle that night and totally destroyed a family,” Vernon told Lowther.
Vernon then sentenced Lowther to 5-10 years in prison for homicide by vehicle while under the influence of alcohol for the death of Kelly Jo Branson and another 2-4 years in prison for aggravated assault, DUI-related, for the injuries to Adam Branson. The sentences are to be served consecutively, for a total sentence of 7-14 years in jail.
Public Defender Michael J. Garofalo said his client was willing to accept the increased time.
“I’m very sorry. I was in the wrong for drinking and driving. I have to live with the nightmares. I’m sorry I can’t bring her back,” Lowther told Branson following his sentencing.