"You hit the wrong guy. I
could have helped you," Raiff told Fox in front of a
courtroom crowd of about 75 people. "I sure as hell could
have helped Chris Harmon. That boy was only 19 years old.
... You gave me a life sentence."
Raiff lamented that Fox's friends, family
and therapist didn't recognize her serious alcohol problem
after she was arrested in December 2003 in Elwood for public
intoxication and underage drinking, or when she was arrested
Aug. 21 for drunken driving -- just two weeks before the
crash that injured Raiff and Harmon.
Fox admitted on the witness stand Tuesday
that she had been driving drunk before Elwood police found
her parked on the side of the road, out of gas, with a
bottle of Jack Daniels between her legs.
After the August arrest, Fox had a
blood-alcohol content of 0.20 percent. After the Sept. 2
crash, her blood-alcohol content was 0.23 percent. The legal
limit for driving in Indiana is 0.08 percent.
Fateful crash
Fox was driving on County Road 350 South
in Lafayette on Sept. 2 when she drove her vehicle left of
center into the path of four motorcyclists.
Fox's car sideswiped Raiff's motorcycle.
In an effort to avoid a collision, Harmon veered off the
road and struck a road sign before crashing in a ditch lined
with large stones.
Two other motorcyclists traveling with
Raiff and Harmon -- Michael Alsop and Kiran Pinisetti --
managed to avoid a collision by pulling onto the shoulder.
Fox drove away from the crash scene and
was uncooperative with police when they caught up with her
farther down the road.
Fox apologized Tuesday to the victims and
their families and said it was unfair that her life will
continue after the harm she caused Raiff, Harmon and their
families.
"I know that I have caused a lot of pain
and suffering from my mistake and I wish I could change it,"
she said. "I've learned how to be a better person and how
the choices you make do affect other people."
But the apology rang hollow to the
families of the two injured men, who have been burdened with
their constant care.
Cynthia Harmon said her son, Pfc. Chris
Harmon, 101st Airborne, was pursuing his lifelong dream of
being a soldier and hoped to become an Army Ranger.
"Chris is patriotic. He loves his country
and the freedom of choice that soldiers before him gave to
all of us," she said, reading from a prepared statement.
"Now, it's all been taken away. Not by the enemy, not on
foreign soil, but by the very freedom of choice he would
defend with his life."
Harmon said her son can't speak, feed
himself or even comprehend what's happening around him. But
she knows he feels pain when she manipulates the braces and
splints that stretch the muscles and tendons of his rigid
legs.
Doctors can't tell her if or when Chris
will regain consciousness or how much function he may be
able to regain if he does come out of the coma.
Chris receives 10 medications daily and
has to be turned on his hospital bed every two hours, day
and night, to prevent bed sores. His caregivers have to wipe
drool from his face.
"He's trapped inside his own body,"
Cynthia Harmon said. "I want my son back."
She said the family left a home and jobs
in Massachusetts to come here and tend to Chris' needs.
Raiff's family, which came for the
sentencing from Dayton, Ohio, also described sacrifices they
have made to care for Jerry, calling those sacrifices
"collateral damage" from Fox's crime.
Jerry's younger brother, John Raiff,
described having to hold his brother in his arms "like a
child" while their mother helps him go to the bathroom.
Another brother, Michael Raiff, said his
68-year-old parents are "imprisoned in their own house" and
can't enjoy their retirement because they can't leave Jerry
unattended.
Shouting and pounding the witness stand
with his fist, he told Fox, "You've put my family in a
position where we have to be perfect every day. ... My
family has to be perfect so that someone else can have poor
judgment."
He then told Judge Don Johnson he was
praying for him to hand down a just sentence.
Johnson found that aggravating
circumstances in the case outweigh mitigating circumstances.
He imposed a 14-year sentence, the maximum under Fox's plea
agreement, and suspended four years. With maximum time off
for good behavior, she could be released in about five
years.
After the 21/2-hour sentencing hearing,
members of the Raiff and Harmon families joined hands in the
courtroom and prayed.
"Thank you for the wisdom of the judge,"
John Raiff said. "Let the healing begin."
Police recognition
Mothers Against Drunk Driving-West Central
Indiana will present its 2004 Top Cop awards today, honoring
the patrol officers from five area police agencies who made
the most operating while intoxicated arrests in 2004.
The public is invited to attend the event
at 2 p.m. in the Lafayette City Council chambers at city
all, 20 N. Third St.
Awards will be presented for the officer
with the most OWI arrests in 2004 from the Tippecanoe County
Sheriff's Department, Indiana State Police, Lafayette
police, West Lafayette police and Purdue University police.
In Tippecanoe County in 2004, there were
1,094 OWI arrests, compared to 1,064 in 2003, and 1,190 in
2002.