LENOIR, N.C. – Mackenzie Nichole Vos was sentenced Friday to 39 to 48 months in prison for her role in the deaths of an Oxford, Maine, woman and two others in a head-on collision near here last April.
The 27-year-old mother from Granite Falls pleaded guilty in Caldwell County Superior Court in Lenoir to three charges of involuntary manslaughter.
The sentence, which will be reduced by four months for time served, stems from an April 19, 2007, head-on collision that claimed the lives of Tammy DuBois, 42, of Oxford and cousins Virgene Hughes, 70, of Pembroke, Ga., and Wendell Kirby DuBois, 70, of Taylorsville, N.C.
According to a report from the North Carolina Highway Patrol, Vos was driving approximately 60 miles per hour during a steady rain when her vehicle crossed a center line and struck a minivan with seven occupants. Three died, and four were injured.
The report also states that Vos was driving with a revoked license,. Investigators said she was going about 60 miles an hour in a 45-mph zone, talking on her cell phone and had controlled substances in her blood. She was injured and spent two days in a hospital.
During Friday’s proceeding, the survivors addressed the court about how their lives have been impacted. While they said they forgave Vos for the accident, they also asked Superior Court Judge Beverly Beal to sentence her to prison.
Phil DuBois, 42, the front-seat passenger in the minivan and husband of Tammy DuBois, said he and his son, Jamie, another crash victim, are still haunted by the memories of that April evening.
“I often see the windshield cracking,” DuBois said. “Tammy died on the side of the road, hundreds of miles from home, in the arms of a compassionate stranger,” he said, referring to the ambulance worker who tried to help her. “Her last words were, ‘I can’t breathe. I’m not going to make it.'”
DuBois talked about how Jamie, 13, officially had become the couple’s adopted child only seven months before the wreck. He said his son is struggling to recover.
“The accident and the loss of his mother … set him back immeasurably,” said DuBois, the administrator of Market Square Health Care Center in Paris, Maine. “He still believes he is somehow responsible for the accident.”
The DuBois family had gone to North Carolina to vacation and introduce Jamie to family members. They had been out to dinner and were returning to Wendell and Janet DuBois’ home when the accident occurred.
Accident victim Gloria Carter, 65, of Ellabell, Ga., talked about losing her brother, Wendell, the driver of the minivan.
“My brother Wendell was my best friend,” Carter said. “Now he is gone. Seven of my family members were unnecessarily wounded that day, and three of them died.”
The fourth survivor was Wendell’s wife, Janet, of Taylorsville. Phil DuBois is their nephew.
Vos, who watched the proceeding clad in a black jacket with gray pants, kept a tissue close to her mouth and frequently wiped tears from her eyes. Before sentencing, she addressed the accident victims and members of their families.
“If there is any way I could give back your family, I would,” Vos said as she attempted unsuccessfully to choke back tears. “I think about you all the time. I want to thank you for your forgiveness. I am so sorry.”
Tom Whisnant, her attorney, asked Beal for probation, in consideration of Vos’ contrition and because she is a single mother with two young daughters.
“Based on the law, that would be the appropriate punishment,” Whisnant said. “There is nothing to take away the pain and suffering from these people. Only time will do it.”
Beal waited several minutes before issuing his sentence, which also includes restitution to the victims of more than $100,000, along with court costs and her attorney’s fees.
Addressing Vos, Beal said, “The court would greatly desire to see that you can make your life productive, whether it be in custody or not in custody. It is regrettable that you have children who are affected by this situation, but I have to make this decision. You can make it be a positive or a negative.”
At Whisnant’s request, Beal said he would recommend Vos be eligible for work release, with her wages going toward restitution.
Following the proceedings, Vos’ relatives approached the victims and their families to express their regret for what had occurred nine months ago.
DuBois said he is satisfied with the penalty Vos received.
“I’m pleased with the judgment,” he said. “I feel that (Vos) is sincere in her feelings of remorse. Our families did not have a sense of vengeance. This is just another part of the healing process.”
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