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Monday, March 21, 2011

Win Win or Lose Lose?



The first picture is of my stitches from surgery and scabs and bruises from the accident caused by Justin Hicken. Notice the gash near the back of my knee, it is in the shape of his car lights or something...to this day, it is my ugliest scar. The second picture is of the imprint and bruise of his car lights on my other leg. I've been anticipating today with nerves.
Justin Hicken, the man who hit me with his car while under the influence, was sentenced today and I don't think I said all that I should have in court. I am a very nice person who wishes the best for everyone, but sometimes I just wish I could say what needs to be said when it needs to be said. This is a big vent (I hope it is therapeutic and somehow makes a difference in Utah, or even the country. It probably won't though.) It was dumb. This is what happened: Justin Hicken was in court for a DUI on August 24, 2010. He was driving under the influence again on August 25, 2010 when he hit me, an innocent pedestrian on a sidewalk on the opposite side of the road, with his stupid truck. He broke bones in my face, broke my septum, put a gash in my scalp, scratched my elbow, knee, and gashed one of the backs of my knees, broke
my tibial plateau, tore my ACL, gave me many micro-fractures, gave me post traumatic stress, bruised the side of my leg and back of my hip (which are still bruised by-the-way), worsened a back injury I already had, and ruined my dreams. He was only in jail for a few months then went to rehab. Judge McDade only sentenced him to pay a $1,300 fine and probation and to use a breathalyzer when he drives (when he drives? yes, he still drives), that is all. I think he was way too lenient and sympathetic to the criminal. I know people who have comparable penalties from just smoking marijuana. It simply doesn't add up.Justin Hicken showed up to court dressed nicely with a new hair cut and a clean shave, as if that translates into being a great person. However, I think that is one thing that influenced Judge Darold McDade's decision. I think Hicken's father's speech about how this ordeal has been a blessing in their family's life influenced his decision. However his "blessing" completely ignored the fact that I existed. I think the defense attorney's praise of Justin's school record and leadership influenced his decision. Hitler was pretty smart too and could paint pictures, but after all, he was still Hitler. I also think there was some bias or friendship that influenced his decision. Hicken's father is the prosecuting attorney for Pleasant Grove we were told by the prosecuting attorney in this case. It turns out that good ole Darold served on the Pleasant Grove city council for seven years. I think this is interesting whether it correlates or not. The defense attorney's language was so fluffy, like a bad presentation or a terrible talk in church. It felt more like a carnival than a courtroom with so much sweet talking going on.
Hicken's sentencing isn't enough, regardless of what the victim has to say. Why should someone who was in court one day for a DUI, get another DUI the next day and hit a pedestrian still have their license? If you can answer this question satisfactorily, I will buy you a copy of "Invasion of the Body Snatchers" and crochet you a nativity set. After all is said and done, I'm still alive, my body still hurts, and justice wasn't served. I feel like everyone lost
"Revenge is a dish best served cold."-Old Klingon Proverb. Not that I want revenge. I want justice.
I hate the feeling I have right now. I don't want Justin Hicken to not ever succeed in life or get better from his addictions, but if you tore up someone's painting, it doesn't mend it if you give them some flowers. Justin said he is sorry and I hope he really is, but sorry isn't the end of it, he shouldn't be driving and he shouldn't be out and about, even if he is doing better. I am still not whole, I still can't dance, I still feel crappy.
Here is an article. I don't sound displeased enough in it. I am so happy that Jeremy and my mom were in the courtroom with me. I should have invited everyone because anyone was welcome and I know many of you would have been happy to be there. Oh well, too late. It is so easy to wish in retrospect. DO NOT DO DRUGS! It is never worth the risks you take.
On a lighter note, Jeremy and I attended a promotional screening of "Win Win." I liked it. We had tainted fun which is better than just plain taint. Also, I know I have the support and love from my husband, family, friends, and even strangers. I know God loves me. I know things will continue to improve for me, not matter how long it takes. I hope I come out better in the end. I know I can be happy and that there are so many things to be happy about and grateful for.

9 comments:

  1. I'm so sorry about this Catey. This whole ordeal has been truly traumatic.

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  2. I love you Catey. You are a wonderful, strong, smart, and caring person and no one can take that away. I'm sorry that you are having to go through this. Seeing you hurt is hard.

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  3. Catey I didn't know about any of this. I am so sorry for all the pain and hardship you have had to go through this last year. I am amazed at how much you have had to go through and that you can still talk nicely about the man who hit you. I think you are amazing!

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  4. Pardon my French, but what the hell. I'm sorry Catey!

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  5. My younger brother got a worst sentence than this guy. What did my brother do? He found someone's wallet and tried to purchase video games with the card he found. What was my brother's sentence? He was in jail for almost 6 months and then kicked out of the state. They also took his license and he has a butt load of fines to pay. On a side note when he was confronted about the wallet he stayed in the store and waited for the cops to come. He didn't even purchase anything.

    So what Hicken's got was a time out.

    But if justice isn't served here it will be after. We all pay for our sins, mistakes, imperfections one way or the other and we all learn from them as well.

    Much love to you and Jeremy. Your husband is a genius and I love his work. I'm sorry all this happened to you guys.

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  6. I don't know you but I was very upset with Hickens light sentence, or lack of a sentence. I wish that there was something we could do about this. My best wishes in your recovery.

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  7. It's been years since I've seen you Catey, but I am so appalled by all of this. My husband was actually the one who told me about Justin's sentence and was so upset by it. He didn't know I knew you. Things definitely need to change. I'm really glad you wrote this blog post. I hope it will change the future of the system. And I really hope you are doing okay and that you will fully recover physically and emotionally.

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  8. You worded it SO well! Can you appeal it, per chance, where it can be tried in a NEUTRAL arena? I feel like it is NOT fair AT ALL and would stand a wonderful chance of an appeal. I'm SO SO SO SO SO sorry, girl! You are AMAZING and I am SO sorry that all of this happened to you and is STILL (and will forever, I know) a thorn in your side. It's appalling what happened and I'm actually really surprised. Newspapers need to really blow this out of the water (the article you linked to is so disheartening and just leaves you HANGING). Wretched. SO SO SO sorry Catey! You're amazing and I'll sign a petition for a new law that once you HIT someone your license is REVOKED for 3 years or as long as it takes for that person to be rehabilitated..whichever is LONGER. Sheesh!

    =) Much love, Kali (from the Alpine ward)

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  9. hi (i'm veronica's little sister, i saw your blog link on her facebook.) this is horrible, so sorry! it makes no sense that he still has his license. i found this sentencing matrix http://media.bonnint.net/slc/1988/198874/19887447.pdf and it's interesting how it says "court MAY order additional 90 days, 180 days, 1 year or 2 years" of license suspension. a) weird that it isn't mandatory suspension in the first place and b) this seems like one of those situations where the judge should take the "MAY" seriously. if i were that kids dad i would want him to get the maximum penalty and learn his lesson before he actually kills someone.

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