Chloe Massin appeared before Wrangell District Court on Monday for her sentencing, with Judge Kevin Miller presiding. Massin, 55, faced a number of charges stemming from an incident that occurred the evening of Feb. 4, in which she struck a pedestrian with her vehicle and left the scene. She had admitted to being intoxicated at the time.
“I am totally embarrassed at myself,” Massin told the court. While she said she had known about her drinking problem, she said “I always thought I could control it.”
Massin added that she was relieved William Rue, the pedestrian she had struck, would recover.
“I deserve to have the book thrown at me for what I did,” she said. “I don't want to make excuses. I just want to make it right.”
Massin had pled guilty to Class C felony assault, leaving the scene of an accident without assisting the injured, driving under the influence, failing to provide immediate notice of an accident and failure to carry proof of insurance.
For the DUI Massin was given 60 days,with 57 days suspended. Her driver's license has been revoked for three years, effective immediately, and she was given a 90 day suspended sentence for leaving the scene. She will also have to have an ignition air lock device installed in her vehicle for six months.
Prosecuting attorney Jean Seaton presented the court with her recommendation for the felony charge of assault, with a 36 month sentence and 33 months suspended, as well as a five-year probationary period.
“I sought permission to be able to reduce this,” Seaton told the court. Because of Massin's age, her lack of criminal history, her cooperation with authorities and quickness to seek chemical dependency assistance, Seaton felt these should be mitigating factors. “I think the felony conviction in itself recognizes the seriousness of this offense.”
However, she added that the extent of Rue's injuries and the slowness of his recovery merited some jail time to be served. After being transported to Seattle for treatment for injuries sustained to his ribs and lungs, Rue spent a month in hospital. He seeks no restitution, and Seaton reported he felt no ill will toward Massin.
Representing Massin in court, public defender Michael Pate agreed with the framework of the prosecution's recommendation. “It was extremely reckless, what she did,” he agreed. But Pate argued that lingering confusion over what actually transpired that night and Massin's willingness to turn herself in to police the next day should both be taken into account as mitigating circumstances.
Asking for leniency, he recommended 24 months with 21 suspended, with community service work instead of jail time.
“This case is a very unusual case,” Miller said. He agreed there were mitigating circumstances to consider and rated Massin's chances of rehabilitation as “very good.” On the other hand, he stressed that the charges were serious and the injuries sustained by Rue substantial.
“There should be consequences for that,” he said.
Miller adopted Seaton's sentencing recommendation, but with the three months to serve divided between jail time and community service, to be served consecutively with other time. Additional fines and court surcharges are to be paid concurrently.
In addition, Miller also imposed a five-year probationary period, with special conditions outlined in Alaska Island Rehabilitation Health Service's assessment of Massin provided to the court.
Massin is due to report
Sept. 27.
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