Logan,WV : Mother sentenced in deadly I-64 crash on January, Tuesday 30th 2018
A family sat divided in a Cabell County courtroom Tuesday as a mother was sentenced in a deadly wreck that occurred last year when she drove intoxicated on Interstate 64 in Milton, killing her two young children.
Cabell Circuit Judge Gregory L. Howard sentenced Siera Lenise Burgess, 26, of Lincoln County, to three to 15 years for two convictions of DUI causing death and one to 10 years for child neglect resulting in serious bodily injury. All sentences will run consecutively, totaling seven to 40 years. She also was sentenced to 50 years of supervised release, which could affect her ability to have contact with her surviving child in the future.
The March 3, 2017, crash resulted in the death of 3-year-old Skylor Cole Cooper and 1-year-old Sarah Lea Cooper, as well as injuries to 7-year-old Madelyn Burgess, who survived and was hospitalized until March 24. Burgess was jailed after a short hospitalization.
Blood work processed after the crash found alcohol and benzodiazepines - Xanax-type drugs - were in Burgess' system. Empty beer cans also were found at the crash site and an unopened beer can was found in the passenger floorboard.
The sentencing was a result of a prior Kennedy plea, which allows a conviction and punishment without the defendant admitting guilt or explaining her role in a crime.
James Cooper, the father of the young victims, asked for justice for his children.
"My kids had several different chances to make it through this," he said. "Everybody and everything goes on. My kids - I don't get to see them. I don't get to have grandkids. I don't get to watch them get married or anything like that because of a stupid mistake."
Cooper, who drives a semi-truck as a profession, said his daily life is a reminder of the crash.
"I'm in a truck every day, and I see cars like that and it makes my hands sweaty because I think about it. I see it. Every day I miss my kids more than anything. I wouldn't trade them for nothing in the world. I'd give my life just for them to be back here."
He goes to their gravesite and tries to talk to them to seek solace, he said.
Criminal complaints state the events that evening started when family members witnessed Burgess in an "extremely intoxicated condition," and two women close to Burgess attempted to prevent her from driving.
A family member of Burgess said she had attempted and failed to prevent the intoxicated woman from driving away with her three children and followed her to Burgess' home in Branchland, calling Lincoln County 911 for help. The agency allegedly declined to respond after Burgess arrived home.
A second woman called Burgess, offering to pick up the children, but Burgess told her she would instead meet her in the St. Albans area.
April Bragg, Cooper's mother, said she was one of the women who attempted to stop Burgess that day, but could not, despite her pleas and begging.
"She took them from my house, but I begged her," she said. "I begged to please let me take them, and she wouldn't let me."
The subsequent crash occurred around 7 p.m. March 3 at the 30-mile marker of eastbound I-64, between the Milton and Hurricane exits. Burgess' Chevrolet Impala, with her three children inside, crossed the median and was struck by a recreational vehicle and a tractor-trailer in the westbound lane, heavily damaging the family's car and killing the two young children.
Burgess was airlifted to Cabell Huntington Hospital, where she was rushed into emergency surgery. Her third child, Madelyn, also was hospitalized after the wreck and survived.
Showing tearful emotion for the first time in court, Burgess said she wakes up every day in a maximum security cell and looks at the pictures of her children.
"I didn't get to say goodbye," she said. "I shouldn't have to. I'm the mom and I was supposed to go first."
Burgess said she could not attend their funerals and does not know where they are buried.
She said she had no criminal history and just made a mistake.
"I regret waking up from that coma. I regret opening those eyes," she said. "I'm now a walking lesson learned, and I went through the world's worst story to help save others to show that you better not make a mistake, because that mistake can cost you your life, as well as others' lives."
She asked Howard to look at the situation from her perspective and asked that he let her be with her surviving "miracle baby."
Howard noted while Burgess had no criminal history, her substance abuse issues date back to age 7.
Burgess' mother and aunt spoke in court Tuesday, saying Burgess did not mean for anyone to get hurt that day and had never been a bad person or mother in the past. Her mother said the crash did not occur because of Burgess' alleged intoxication, but rather because she was attempting to get one of the children back into his car seat after he got out of it.
Bragg said she feels blamed for the crash now. She said life moves on for the world around her, but hers remains still.
"At Christmas, New Year's and Thanksgiving, when everybody is having happy times with their family and buying Christmas gifts, I don't have that," she said. "You know what I do? I have to go buy flowers to take to the cemetery and sit there. I don't get to buy baby dolls and cars and trucks and telephones for my grandkids. I just have to buy flowers. Red flowers."
Burgess' attorney, Janice Givens, said the case was tough to cover. Burgess was a loving and caring person who was remorseful for her actions. Burgess hopes to give talks to groups facing addiction to change the world, she said.
"Any punishment this court will give her could never rise to the level of punishment she is giving herself and shame she will have to live with for the rest of her life," she said. "She made really bad decisions that had really tragic consequences."
Assistant prosecutor Sharon Frazier rebutted.
"It is a tragic case," she said. "But it's a case Mrs. Burgess made."
Howard agreed with prosecution and handed down the maximum sentence allowed.
"You sentenced yourself to a far worse sentence than I can ever sentence you to," he said. "I can't imagine what that's like, every day waking up knowing what you face looking at pictures of your children."
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Mother sentenced in deadly I-64 crash