Driver sentenced in fatal hit-and-run in Fresno. ‘Not enough,’ victim’s family says
A Fresno family, reeling from the loss of their loved one killed in a hit-and-run two years ago, got little consolation Wednesday when a judge sentenced the driver to 180 days in jail.
“I am a little saddened and a little angry,” said Damian Jackson, the victim’s brother. “180 days in jail is just not enough.”
The driver, 33-year-old Hope Marshay Whitmore, was facing up to four years in prison for crashing into and killing Lavonda Mosley, 55, on March 5, 2021. Mosley, a mother of five, was crossing the street at the intersection of Elm and Grove avenues at about 7 p.m. when she was hit.
A witness told police Whitmore appeared to be speeding prior to slamming into Mosley. But instead of stopping, calling 911 and trying to provide help, Whitmore drove away, said prosecutor Roxanna Alchian.
Alchian said Whitmore did return to the scene about nine minutes later, but only to watch from a distance. She stayed about 15 minutes and again drove away without telling police what happened. Whitmore was arrested March 16, 2021.
As proof that Whitmore was still a danger on the roads, Alchian said the defendant was involved in a hit-and-run crash this year on April 14 when she struck a car and drove away without contacting the owner. That case was later dismissed.
“The defendant has engaged in a pattern of criminal conduct and has shown a lack of accountability,” Alchian said.
Alchian urged Judge Mark Cullers to sentence Whitmore to at least three years in prison.
Mosley’s family members were also pushing for prison time.
Valerie Mosley, Mosley’s sister, told the judge that she is not in good health and the sudden death of her “best friend” has worsened her heart condition and high blood pressure.
“The worst thing is that she was left to die as if she was nobody,” Valerie Mosley said. “My sister was somebody who was loved by her family and friends. She did not deserve to die the way she did.“
Kathy Bird, Whitmore’s defense attorney, acknowledged that Mosley’s death was a “horrible accident” with fault on both sides. She added that Whitmore is extremely remorseful and admits she made a terrible mistake by leaving.
“No one is going to be calm and lucid in a situation like that. Imagine you are a single mom with three children, all under the age of 12, your first instinct is what is going to happen to my children,” Bird said.
Whitmore read a short statement, apologizing to Mosley’s family.
“I made a mistake that will forever stay with me,” she said. “There has not been a day where I have not thought about my mistake and I take full responsibility and accountability for my actions.”
In issuing his sentence, the judge took into consideration Whitmore’s lack of criminal history, her admission of guilt and her decision to plead no contest to a felony count of hit and run resulting in permanent injury or death and one misdemeanor count of vehicular homicide without gross negligence.
“Whatever time I give you, it is not going to be nearly as hard as what you are going through right now,” Cullers said. “You are both in your own type of hell right now, and for that I am sorry for both families.”
At the end of the hearing, Whitmore was taken into custody, handcuffed and led away to be processed into jail.
