Tuesday, June 02, 2009

Record Gets Only 2 Years For DWI Causing Death

A former deputy prosecutor for Marion Co. Carl Brizzi will serve only two years in prison for drinking himself into a stupor at Brad's Brass Flamingo strip club on the City's south side and slamming his BMW into 46-year-old Jimmy Cash's pick-up truck, splitting it in two parts and killing the deaf father and husband. Although the prosecutor's office dismissed the 29-year-old lawyer, Terry Record, from its office prior to his DWI killing after he lied about an earlier hit-and-run accident, the prosecutor's office never pursued criminal charges against him for that or another alleged hit-and-run accident in which he stood accused of striking a pedestrian downtown. In fact, his office helped the attorney get a state job as an attorney with the Department of Health where he was employed at the time he killed Cash. The Star's Jon Murray reports on the outrageous sentence handed down today by an unelected Pro Tempore Judge, Mark Jones:

A judge sentenced a former state attorney to two years in prison today for driving drunk and causing a fatal wreck.

A special prosecutor asked for the maximum eight years in prison, but Terry J. Record, 29, instead received the advisory four-year sentence with half suspended.

Marion Superior Court Pro Tem Judge Mark Jones added four years of probation, with 80 hours of community service each year; about $20,000 in restitution to the victim’s family; and a five-year license suspension — a sentence designed to punish
Record and ensure that he doesn’t harm anyone else again, the judge said.

In May 2007, Record left Brad’s Brass Flamingo after sharing pitchers of beer and shots with a stripper and ran a red light at Southeastern Avenue and Pleasant Run Parkway. His red BMW, traveling 59 mph in a 35-mph zone, plowed into Jimmy R. Cash’s truck, nearly splitting it in two.

Cash, 46, a father and husband, died at the scene.

Cash’s family spoke of the man’s rich life after attending the Indiana School for the Deaf. He most recently had worked as a custodian at The Indianapolis Star.

“No matter what the sentence is, it won’t bring my dad back,” said Dawn Yates, Cash’s stepdaughter, after this afternoon’s hearing. “Terry Record still has his life ahead of him.”
At the time of the accident, Record had been active in Marion County Republican politics and identified himself as a contributor to the Indiana Barrister blog authored by radio talk show host Abdul Hakim-Shabazz. Murray says Record tearfully claimed he has obtained treatment for his alcoholism, but court records indicate that he was cited for drinking just months ago. If the Marion County experience is any indication, Record has a bright future ahead of him. Last year, Marion County Republicans put a man on the superior court who drove drunk and killed a father, never serving time for his crime. In Marion County, it's all about who you know. If Terry Record had been an unemployed, down and out factory worker, you have to wonder if he would be facing a more harsh sentence. The disparity in sentencing for similar types of crimes is indeed troubling. And why didn't an elected judge instead of an appointed part-time job handle the sentencing in this case? Ironically, former Clark Co. GOP Chairman Glenn Murphy, Jr. faced a nearly identical 2-year sentence for slipping off a fellow bunk mate's underwear and performing oral sex on him while the unsuspecting lad was sound asleep.

UPDATE: Fox 59 News has a good report with video, which you can view by clicking here. The story notes that Record is likely to serve only 11 months in a state prison with the sentenced imposed against him.

5 comments:

artfuggins said...

Carl Brizzi must be proud.

Paul K. Ogden said...

I know a guy who has been in jail for almost all the last two years for DUI charges and he's never been tried.

Advance Indiana said...

Paul, I could never practice criminal law. The disparity in criminal prosecutions, the sloppiness with how cases are handled, poorly-paid attorneys, etc. I volunteered as a deputy prosecutor when I first got out of law school and got my fill of it. I couldn't believe how bad some of the public defenders were who came into court. Some of them never looked at the file until right as they walked into the courtroom. So sad.

Paul K. Ogden said...

I'm going to post a blog on the guy. He's had 36 pre-trials, had charges pending for 2 years even though speedy trial motions have been filed, which would have required his being tried in 70 days. He's spent most of those 2 years in jail.

It's a long story, but it started when he pissed off a bunch of IMPD (it might have been IPD then)cops who then made him a target. Bad cops.

Personally I think the judge and prosecutor know they've made a mistake in handling the cases, but they're so far out on the limb they're keeping the cases going out of concern that once the matter is over he'll come after them, at the very least for misconduct.

Seth Martin Ward said...

.....so what's the deal about going down on.....Not sure if you are serious about that.....and if not, probably would have been nicer to call it a Top Gun conversation.....The list was long but distinguished.....

On another note, the sad thing about it all is that an innocent man was killed. No sentence be it 2 years or 8 will ever give the family of Mr. Cash peace. Time never heals all wounds.....it just dulls the pain.