GRAND RAPIDS, Mich. — He has an otherwise clean record, but the presence of cocaine in Gary D. Schmitt’s system when he caused a deadly crash on U.S. 131 is enough to justify time in prison, a judge said Tuesday.
“The biggest concern, quite honestly, is the use of cocaine,’’ Kent County Circuit Court Judge Paul Sullivan said. “I don’t deny your remorse, I don’t deny your cooperation. But the consequences were very severe and impacted a lot of people in a very serious way.’’
Sullivan sentenced Schmitt to serve between 23 months to five years in prison and pay $1,326 in fines and court costs. Sentencing guidelines called for a minimum term of between 7 to 23 months.
“Hearing everything I’ve heard today, taking everything into account, I believe that a sentence at the high end of the guidelines is appropriate,’’ Sullivan said.
Schmitt was heading south on U.S. 131 near Hall Street SW when his vehicle slammed into the rear of a car driven by Lisbeth Gene Johnson. He told police he briefly looked down at his phone prior to the crash.
Johnson, 58, who was engaged to be married, was on her way to work at Family Outreach Center in Grand Rapids, where she served as director of finance. She was stopped in traffic when Schmitt’s vehicle struck her from behind.
The impact caused Johnson’s vehicle to roll. Johnson, who was not wearing a seat belt, suffered severe cuts and numerous broken bones. She died five days after the March 29 crash.
Friends and family described her as a loving woman who was battling cancer with dignity and determination.
“To lose Lizzie, because of an impaired driver, it’s really difficult to come to terms with that,’’ her sister, Mary Lach said. “We lost someone who was brilliant, witty, funny and spiritual.’’
Schmitt, who was living in Allendale, apologized for his actions.
“I am so sorry for the car accident and my use of cocaine,’’ Schmitt told the court. “Because of this, Lisbeth’s life was cut short. I know it is not fair that I still walk the Earth and she is gone.’’
Schmitt was originally charged with operating while intoxicated causing death and reckless driving causing death. Both are 15-year felonies.
He pleaded guilty to amended counts of operating while intoxicated causing serious injury, a five-year felony, and possession of cocaine, which carries a four-year term.
“This is a difficult day for you, but you are alive, you are around, you’ll continue to live on this Earth and hopefully contribute,’’ Sullivan told Schmitt.
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