A Sleepy Hole man who struck and killed a pedestrian whereas driving drunk accepted a plea provide on Monday, avoiding a possible homicide conviction.
James Carleton Boswell, 32, admitted to a cost of gross vehicular manslaughter whereas intoxicated for the dying of Carolyn Marie Allen, 72.
The plea settlement is for a 10-year sentence, however Boswell is predicted to be launched in lower than 4 years. Most sentences within the state embody someday’s credit score for daily served, and Boswell additionally has accrued credit for jail time since his arrest.
Boswell may have confronted a life sentence underneath the unique homicide cost. Prosecutors alleged that Boswell, who had two prior DUI convictions, demonstrated the “malice aforethought” for homicide when he drove drunk once more, authorities alleged.
The prosecution agreed to dismiss the homicide cost as a part of the plea deal.
Choose Geoffrey Howard accepted the plea cut price and set the sentencing for April 14. The prosecutor within the case, Deputy District Lawyer Andrea Buccine, advised the decide her workplace cleared the plea cope with the sufferer’s brother and solely survivor.
Boswell entered the plea by teleconference from a cell on the Marin County Jail. He lately returned to the jail after a interval of rehabilitation permitted by the decide.
“James has been in therapy for the final 15 months,” his protection legal professional, Douglas Horngrad, mentioned after the listening to. “He’s grateful that the court docket permitted him to take action. He’s made nice strides. He’s maintained his sobriety. He’s accepted duty.”
The crime occurred in April 2019. Allen, a San Anselmo resident, was strolling with two canines alongside Butterfield Street when Boswell struck them in a crosswalk, police mentioned.
Allen died at a hospital. One of many canines additionally died.
Authorities mentioned Boswell’s blood-alcohol stage was twice the authorized restrict for driving. Furthermore, he had lately accomplished a DUI course that was mandated after a previous conviction, police mentioned.
Other than jail time and a possible $10,000 prison high-quality, Boswell is dealing with a lawsuit by Allen’s brother, Thomas Hiatt of Washington state.
“This was a horrific tragedy,” mentioned Hiatt’s lawyer, Andrew Owen. “They had been very shut.”
The lawsuit additionally names Boswell’s dad and mom, James L. Boswell and Judith Boswell, as defendants. The go well with alleges that the couple purchased and insured the car their son was driving, and that they knew he was intoxicated after they “permitted and allowed” him to drive on the day of the crime.
The elder Boswell, in an interview Monday, referred to as the lawsuit “simply an egregious effort to extract cash.”
He mentioned Allen was utilizing the crosswalk at evening with out reflective clothes, and his son was driving at a low pace. He mentioned any driver may have struck Allen on that highway in these situations.
“There was a lady who obtained herself killed for causes unbeknownst to us,” mentioned Boswell, who runs a wine barrel enterprise in San Rafael.
Boswell additionally referred to as the prosecution “a shame.” He mentioned the district legal professional’s workplace unfairly used the unwarranted homicide cost as a “bludgeon” to drive his son to plead responsible to manslaughter.
A standing listening to within the civil case is scheduled for March 16 in Marin County Superior Courtroom.
