Nick and I met in 2008 when we went through orientation together. I was engaged at the time. In 2010 that relationship ended and Nick and I started seeing each other in February 2011. My Mom met him just a few weeks later and she told him he was the "one" I was petrified that he would take off and thankfully he didn't. We started off being engaged as an April Fools joke in 2012 and when the day was over we realised we didn't want it to be a joke...we were talking to my mom on the phone and he asked me to marry him....I was crying as I said yes. We were married on September 15, 2012...found out in October we were going to be parents(planned) and I had our daughter Jo on June 4th 2013.
When Jo was only 7 weeks old I got a phone call no one ever wants. Nick had fallen off a roof at work and was being taken to a hospital over an hour away. He had broken his back and was paralyzed initially. He had surgery the next day and even though he will have life long issues he is walking although with a limp. He has had a total of 3 surgeries related to that fall and has not worked since.
In June 2015 we moved to a home with room for our family to grow. Nick's Uncle Tony would come stay with us frequently to spend time with Nick and help me with the heavy stuff involved with the house and yard. On September 30, 2015 they went to pick Jo up from a friends while I stayed home to work on renting out our old house. A few minutes later my pager went off for a hit and run accident on Back Mountain Road...I almost responded and then something told me it was them. A little later my phone rang. It was our Chief, calling to tell me it was them. Nick was ok...but his Uncle did not survive the accident. My world crashed down around me. When I got to the hospital I asked him what happened? It was dispatched as a hit and run, the other car was stopped 6 miles away. He said "He ran me off the road". Because he was driving he felt guilty for Tony's death but, he said he couldn't have done anything to prevent the accident.
When the State Trooper came to the ER we co-operated fully because we thought he was going to help us get Justice for Tony, however from the first moment he was telling me not to tell Nick but he was going to charge him with Involuntary Manslaughter...we stopped answering his questions after we were advised not to talk to him. Nick was hospitalized for a week. When he came home the Trooper came to our house to ask Nick if "he was remorseful" He said he was recording the conversation and Nick could refuse to talk to him. Nick started crying when he was asked about feeling remorseful and refused to talk any more.
In December we were notified that he had been charged. Hell had begun.... approximately $30,000 has been spent thus far in legal expenses and all that entails. On January 26th 2017 his trial began. Come to find out that the other driver's name was wrong on everything, including his charges, there were no tapes from the Trooper when we asked for them, the side swipe marks on the other car weren't tested, and he had a record of prior convictions for "Improper Lane Change", "Failure to Obey Highway Signs", Speeding, Dui, and Reckless Driving but, because of his name being wrong he doesn't get anything for his involvement or fleeing the scene. There was new evidence introduced that we had never seen. The Judge said the Prosecutor was "Sandbagging" and he was not going to allow it. He said that numerous times..after her insistence he allowed it but never said why. This was at 5 pm on Thursday, how do we get an expert to review this new evidence? Obviously we couldn't, although we discovered over the weekend that even though the Prosecutor had stated on many occassions that it "was the same data...in a different format" it was very different...almost 23 mph to be exact. However it was already time for closing arguments...In 2 hours the Jury came back with "Guilty" then they recommended 7.5 years!! The Guidelines call for 10 months to 2 years 11 months....
They took him straight from the Court Room, I didn't even get to hug him. I had to explain to Jo. We get to see him through a glass window once a week. On April 12th our motion for a new trial was heard due to the new evidence coming in and/or sentencing...the Judge denied our motion and sentenced him to 7.5years with 3.5 suspended, 5 years probation, and an indefinitely suspended license. He told Nick that the sentence was harsh because he still hadn't admitted guilt....so even though he isn't guilty he should admit he is?? And they wanted to make an example of him...however just last week there were 3 accidents on this road.
There were issues with every step of this process....The other drivers name was wrong, there are no taped interviews, the damage to the other car was not tested, it's impossible to take the turn prior to the accident scene at the speeds they are alleging, the tow truck driver was told he would have to retrieve our rear bumper from 200 yards away where the other car dragged it, the prosecutor says our car threw it there although the accident reconstruction doesn't show the rear ever facing that direction, the rear bumper diasappeared from the salvage yard although it shows in pictures and the foam re-inforcement is shredded on the drivers side and the drivers side rear tire has slices in the side wall, the prosecutor lied numerous times to the Judge, she was absolutely horrible to our witnesses...twisted our words, condemned us for putting Nick's military record in to show his character...asked if the Marine Corps was proud of him now, said Tony's life didn't mean anything to us, and portrayed Nick as an angry, vengeful man--I can't find anyone that agrees with that. She even wanted Nick to take his bible off the table in front of him .We still can't figure out why she is dead set on destroying our family, Nick had no driving record or criminal record and the other guy has 13 driving convictions....
As hard as this has been for him, they have stopped his pain medications and anti depressants, he is still helping his bunkie letting him make phone calls on his dime, giving him coffee etc...That is who Nick is...
So, I have reached out to ACLU, I've tried finding legal aid for Veterans, I'm out of ideas. I have already emptied my retirement and sold my car as well as cleaned out our savings. My Mom has largely footed the bill thus far and in order to appeal we have to be able to pay even more. If you can find it in your heart to share this, let me know of any resources, or even contribute we would be ever so grateful. I am trying to take care of Jo, work, go to college, take care of house and home, and may be looking into selling my consignment store--I don't receive income from it....and I just don't know how we can come up with the $ to appeal. Nick doesn't deserve this. Neither do we.....Please help!!!
All funds will be used towards Nick's legal costs and keeping money on his books as it is $3.50 per 15 minute phone call, they take $1.50 a day off his books for being there, it's $1 per battery for his radio (have to have to listen to tv), and he has to buy his toiletries and coffee etc. I have even heard that he will have to leave his commisary purchases behind if he is moved...