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Plano man sentenced for intoxication manslaughter
By BLAINE CRIMMINS, bcrimmins@acnpapers.com
Judge Ray Wheless, presiding over the 366th District Court in Collin County, sentenced Khary Damani McWilliams, 28, of Plano, on Monday to five years probation and 120 days in county jail following McWilliams’ guilty plea last week for intoxication manslaughter.
The felony conviction and sentencing stems from an incident that occurred northbound on the Dallas North Tollway (DNT) in Plano at approximately 3:45 a.m. on Jan. 2, 2010, when McWilliams’ vehicle collided with that of Amanda Richardson, 23, of The Colony. Richardson later died at Plano Medical Center from head injuries sustained during the accident.
Andrew Macey, a Garland-based forensic scientist with the Texas Department of Public Safety, testified during sentencing that McWilliams’ blood-alcohol content (BAC) less than two hours following the accident was 0.10. Though it’s not possible to predict an exact number, Macey estimated McWilliams’ BAC at the time of the incident to be between 0.12 and 0.14, which would have amounted to about six or seven drinks for a man of his weight. The legal limit in Texas is 0.08.
The accident occurred soon after when McWilliams re-entered the DNT from the Park Boulevard entrance ramp. Richardson's car had run out of gas and come to rest in the right lane of the DNT. A witness to the accident testified that he could see her car from a distance as he approached the scene prior to the collision and that the emergency blinkers were flashing on Richardson's car.
The front-right corner of McWilliams' vehicle, which was traveling between 60 and 70 mph, struck Richardson's in the left-rear quadrant, causing both vehicles to spin out.
McWilliams had no prior criminal history. His attorney, Todd Shapiro, called a handful of character witnesses to the stand who testified that he is a "well-mannered," "thoughtful" and "caring" young man who was a good student, having graduated from the University of Texas at San Antonio.
McWilliams said the accident has "changed my whole life. I'll never make that type of mistake again." If he were to go to prison, "I'd be fighting for my life everyday," he said.
In his closing statement, Shapiro expressed condolences to the Richardson family while acknowledging his client's guilt. Shapiro also made the case for giving McWilliams a second chance, noting that none of the testimony by members of the Richardson family included mention of a prison sentence.
"There's no doubt this event had an imprint upon him that will last forever, and it should," Shapiro said. "But with all due respect to the Richardson family, sending Khary to the penitentiary is not going to bring their daughter back. ... At some point he's going to get out and is he going to be a different man than he is today? I submit to the court the answer to that is yes. I don't have to educate the court on how hard being in prison would be on someone like Khary McWilliams."
Prosecutors from the Collin County District Attorney’s Office were seeking a sentence of eight years in state prison. During closing arguments, Keith Henslee highlighted inconsistencies in the defendant's testimony regarding his account of the accident itself, the amount of alcohol he consumed, and his admission to having driven after drinking on other occasions. He also admitted to having drank alcohol in the time since the accident.
"Everything about his testimony and those advocating for him was, 'Let's do what's best for Khary McWilliams. ... Let's give him everything he wants and send a message to society that you get one freebie, that you can drink and drive and kill somebody and get probation," Henslee said. "He says he's sad, that his life has changed, but he still watches sports with his friends. He works out. He's got a good job. His life is moving on. Amanda Richardson's life is not moving on, your honor, and justice cries out that there be punishment."
Judge Wheless reminded the courtroom that McWilliams pleaded guilty to causing the death of Richardson by "accident or mistake."
"No one intended for this to happen," he said. "Mr. McWilliams is a young man and he still has his life in front of him. ... After 120 days confinement in county jail, he'll be able to move on with the life that Amanda is not able to move on with, and hopefully contribute to society."
The sentence itself was for 10 years confinement in the Texas Department of Corrections, probated for five years, and also included a $5,000 fine, 200 hours of community service, a substance abuse evaluation, suspension of driver's license for 180 days and random urinanalysis to detect alcohol.
Richardson's father, Charlie Richardson, spoke as part of the victim's impact panel following the sentencing, saying his family did not come to court expecting the maximum sentence for the crime which cost his daughter's life.
"We've been living with this for two-and-half years, just like you have," he said, addressing McWilliams. "We're not going to let this destroy us by holding hatred for you. ... It's tragic that our families had to meet like this. All I can hope and pray is that with the decision the court made today, it doesn't happen again."
Amanda's mother, Tracey Richardson, also addressed the defendant, echoing Charlie’s sentiments that she has no hate in her heart. She did, however, express the understandable angst of a mother who's lost her child.
"It is a tragic, horrible thing that happened to you and my daughter, but the difference is come this September on your birthday, you get to have a party and get to have a card. On my daughter's birthday, I get to go visit a stone in the ground," she said. "She was everything to me and I won't see her first child, there won't be a wedding, I won't have any of those things with her, ever. ... I do hope that you're going to learn from this and I pray to God that I never have to hear that you've done something else or had another accident."
The hearing provided closure to the years-long case, Tracey said, adding that the sentence "wasn't a gift from the judge but a gift from God," which solicited affirmations from McWilliams' family and friends in the courtroom.
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