NEW ORLEANS (AP) - A man accused of fatally injuring a mother of two when he struck her with a stolen ATV has been sentenced to 10 years in prison as part of a plea deal.
NOLA.com/The Times-Picayune reports (https://bit.ly/1XIN4v9 ) state District Judge Laurie White sentenced Darrin Smith Jr. on Monday.
Smith expressed remorse to relatives of Daphne Cola, the 37-year-old woman hit as she left Kermit Ruffins’ Mother-In-Law Lounge on July 27, 2014.
“I want to tell you all how sorry I was for my actions,” said Smith, who turned to face more than a dozen of Cola’s family members and friends while clad in an orange jail jumpsuit.
“I did not mean to hurt you all, or anyone. I’m so sorry.”
White approved the deal after confirming it had support from Cola’s family. He had faced up to 50 years had he been convicted of manslaughter and hit-and-run, as he was charged.
Smith also agreed to testify against two co-defendants, Sadie Brown and Matthew Cousan.
New Orleans police said Brown was riding as a passenger on the ATV driven by Smith and fled the scene with the assistance of Cousan, without rendering aid to Cola.
Cousan, 27, was charged with two counts of accessory to manslaughter. He is set to stand trial March 14. Brown, 26, was charged with one count of manslaughter, and is scheduled for trial April 11. Each has pleaded not guilty.
Cola never regained consciousness after being struck by the ATV, and died nine days later on Aug. 5 after her family directed that she be removed from life-support systems. Two of her younger sisters testified Monday about the loss their family has endured.
“She was more like a second mom than a sister to me,” said Tiffany Cola. “I forgive all the parties that were involved, but it wasn’t an easy decision. It’s what (Daphne) would have wanted. She was a good person. She was a wonderful mother. She helped everybody.”
Another sister, Vegas Cola, told the judge and defendant, “We have so many questions. Were you drinking? Did you not see her? Did you lose control? But whatever the answers might be, the consequences are the same.
“We forgive you. I hope that whatever punishment you get, when you come back into the world you will be a reflection of her. And not take away, but contribute.”
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Information from: The Times-Picayune, https://www.nola.com
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