Denied. That was the ruling from Judge T. Scott Webb Thursday morning in White County Court to a motion filed by public defender Brian Shinkle on behalf of Brian Wayne Dartt. It’s been nearly a year since C.J. Richardson passed away from injuries sustained in a traffic crash. Dartt was jailed and found guilty of Aggravated DUI resulting in an accident/death. He was subsequently sentenced in March to 13 years, one year short of the maximum sentence.
During testimony Thursday, Dartt took the stand to say he was “so sorry that this happened. I’m sorry from the bottom of my heart.” Shinkle attempted to appeal to the court’s mercy by stating that his incarceration was causing a detriment and inability to provide for Dartt’s children and mother. Dartt’s children were absent; at a grandmother’s funeral. Dartt’s mother Shirley was in attendance. More than a dozen of Richardson’s family and friends were there in support. Dartt said his “new destiny is to save as many people as possible” and if given a shorter sentence, his plans included “to build a church and start a new ministry.” State’s Attorney Denton Aud kept his cross examination brief only asking Dartt if he felt that he had been treated fairly by the court during initial proceedings to which Dartt acquiesced that he felt he had been. In a final statement, Shinkle said that he was concerned that given the highly emotional charged proceedings, a greater sentence may have been handed down. Shinkle stated Dartt had demonstrated remorse, asked if the court would consider the low amount of a controlled substance in his system at the time of the accident, and said that because he was helping a friend move and not out “carousing”, that a lesser sentence be contemplated. Furthermore, Shinkle reinforced that Dartt’s sentence made it difficult for him to make amends and has taken away his ability to provide for his family.
Judge Webb in his ruling said that it was indeed an emotionally charged sentencing hearing and that he doubted anyone would dispute that. He said while he tried to only consider facts, he admitted he did take into account Richardson’s age commenting the young man was only beginning to see the life that potentially lay before him. Webb also said with regards to the substance in his system, that Dartt’s proper choice would’ve been to tell his friend he was too tired to drive. Moreover, Webb said while Dartt’s criminal history “wasn’t good; he’s seen worse”.
Following the denial, the judge told Dartt he would have 30 days to file an appeal. Tina Richardson, C.J.’s mother then gave a Victim Impact Statement choosing to address Dartt directly. She said, “as a broken mother, I’m asking you to man up and serve your time. I can’t do this anymore. If you’re a changed man, accept it and serve your time. Let my son rest. Everytime you appeal, you drag my family and his friends through the mud. Please stop playing the game. Just serve your time.”
