
(By Michael Heinz/Journal & Courier)
Kenneth Alford is hugged by an unidentified woman as transport officer Dan Cordell tries to stop her after he was sentenced Tuesday at the Tippecanoe County Courthouse. |
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Dragged mo-ped driver files civil suit
Donald C. Ginn, a mo-ped operator seriously injured a year ago when he was run over and dragged by a pickup truck, has filed a civil lawsuit against the truck driver.
Ginn, 37, filed a tort claim this week in Tippecanoe Superior Court 1 against Kenneth "Steven" Alford Jr., 36, of Lafayette.
Ginn suffered severe injuries to his legs, back, pelvis and head when he and the mo-ped got caught in the undercarriage of Alford's pickup truck. He said Tuesday he lives in constant pain and cannot work.
In the civil lawsuit, Ginn, a former tree trimmer who has four children, seeks compensation for past and future medical expenses and lost wages, plus punitive damages. No amount is given in the lawsuit.
Ginn is represented by Fort Wayne attorney R.T. Green.
-Joe Gerrety / jgerrety@journalandcourier.com
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By Joe Gerrety
jgerrety@journalandcourier.com
A Lafayette man who drove while impaired and ran over a mo-ped operator, causing serious injuries, has been sentenced to eight years in prison.
Kenneth "Steven" Alford Jr., 36, also was ordered to pay $208,000 to compensate his primary victim for medical expenses.
Donald C. Ginn, 37, who was maimed for life in the crash, said a sentence of 25 to 30 years would have been more appropriate.
"I'm going to spend the rest of my life in pain and suffering and living month to month, and he's going to spend a couple years" in jail, Ginn complained. "That's a joke."
With maximum time off for good behavior and credit for time already spent in jail, Alford will complete his sentence in about three years. He'll have to serve additional time after having his probation revoked for a previous misdemeanor conviction.
Tippecanoe County prosecutor Pat Harrington said he agrees with Ginn, given the extent of the victim's injuries. But he said prosecutors could not prove Alford committed offenses more serious than Class D felonies under existing law.
Unless a person is killed in a drunken driving crash, the worst offense the impaired driver normally can face is a Class D felony, punishable by up to three years in prison. Harrington said he plans to lobby legislators to change that next year.
Ginn also had been drinking before the crash and has unrelated felony drunken driving charges pending in Tippecanoe County.
He suffered severe injuries to both of his upper legs, and portions of his legs had to be surgically reconstructed. He also suffered multiple fractures to his vertebrae and a fractured pelvis, along with a serious head injury that affects his short-term memory.
He struggled to maintain his balance, using a cane, as he took the oath before testify Tuesday in Tippecanoe Circuit Court.
The crash occurred about 9:27 p.m. April 11, 2006, as both Alford and Ginn were traveling north on Creasy Lane. Alford and Ginn, both tree trimmers, had worked together previously. But investigators believe the fact that they knew each other was a coincidence and not a factor in the crash.
Witnesses told police Alford was driving at high speed in a Ford F-150 pickup truck when he passed a northbound semi on the left, crossing the center line.
As he merged back into the northbound lanes just south of Fortune Drive, police suspect, Alford crashed into the rear of Ginn's mo-ped.
Both Ginn and the mo-ped became caught in the undercarriage of the older-model pickup truck as Alford continued north, disregarding traffic lights at the entrance to the Caterpillar plant and at Indiana 26, witnesses told police.
After Alford turned east onto Rome Drive, Ginn fell free from the truck.
Alford continued east on Rome. The truck hopped a curb and struck a mailbox before the mo-ped fell free of the truck, which stopped when it crashed into a tree.
Elizabeth R. Bellah of Lafayette, a passenger in the truck, suffered a broken arm.
After the crash, Alford had a blood-alcohol content of 0.11 percent. His urine also tested positive for cocaine and a prescription anti-anxiety drug.
Turning to face Ginn at his sentencing hearing, Alford told the victim he had no recollection of the crash.
"I woke up face-down in that county jail, just as you have many times," Alford said, sobbing. "When I was told what happened, I wanted to die. I beg for your forgiveness."
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