
By Joe Gerrety, Journal and Courier
A Tippecanoe County man who drove
with an illegal blood-alcohol content with his two children in the
car and caused a crash that killed his 9-year-old daughter could
face up to eight years in prison when he is sentenced in March.
Michael J. Barnes, 52, pleaded guilty Thursday in Tippecanoe
Superior Court
2 to operating a vehicle with a blood-alcohol content of 0.08
percent or more causing death.
Barnes had just picked up his children, Sarah, and his 7-year-old
son, Jonathan, from day care on Dec. 31, 2002, when he caused a
crash that killed Sarah and injured Jonathan. Barnes was driving a
1999 Plymouth Sundance eastbound on Indiana 26 East and attempted to
turn north on to Tippecanoe County Road 775 East.
He turned into the path of a westbound Jeep Cherokee, which struck
the Sundance on the passenger side, where Sarah was a rear-seat
passenger.
Sarah, a third-grader at Hershey Elementary School, died at the
scene.
Jonathan suffered minor injuries. Barnes and the driver and
passenger in the SUV did not require medical attention.
Witnesses noticed the smell of alcohol on Barnes after the crash,
and police found an open beer can in his car.
According to court records, Barnes passed three out of four field
sobriety tests, but a breath test showed he had a blood-alcohol
content of 0.14 percent, well above Indiana's legal limit of 0.08
percent.
The plea agreement places no sentencing limitations on Judge Thomas
Busch, who may accept or reject the deal. The Class C felony carries
a penalty of two to eight years, all of which could be suspended.
The agreement also requires Barnes to pay restitution to all of the
crash victims. Victims are permitted to make sentencing
recommendations.