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A mother whose unbuckled daughter died in a car crash last year is willing to serve time in jail, her lawyer said Friday.
Carolyn Dawn Hughes, 24, is prepared to enter a guilty plea in abeyance to a class A misdemeanor count of negligent homicide, said her attorney, Steven K. Burton. Entering the plea in abeyance means the charge against Hughes will be dismissed after she completes conditions set by the court that include serving 10 days in jail, doing 300 hours of community service and voluntarily relinquishing her drivers license until she takes driving courses, Burton said.
Burton emphasized the agreement still needs the approval of 3rd District Court Judge Katie Bernards-Goodman. Hughes appeared in front of her on Friday morning. The judge scheduled a disposition hearing for Sept. 2 where Hughes will formally enter the plea.
"I appreciate that the district attorney's office has been willing to hear our concerns on the case," Burton said in an interview Friday afternoon. "However, I still firmly believe there is no punishment that the court or the state can give to her greater than what has already been given to her."
Burton said he does not see the purpose of jail time for Hughes, given she has already lost one child — 3-year-old Paisley Hayden — and he dislikes the thought of Hughes being away from her the remainder of her family for 10 days. But he said the alternative was to go to trial where Hughes would "have to relive every single minute of that day in detail."
That would be "unbearable" for Hughes, Burton said.
On Sept. 3, Hughes' SUV was in a northbound left-turn lane at the intersection of Redwood Road and Research Way (about 2700 South) in West Valley City. The SUV carried eight children from multiple families.
A southbound vehicle collided with Hughes' SUV on the passenger side when she attempted the turn. According to court documents, Hughes said she didn't realize the oncoming car, which was going about 40 mph, was "going so fast."
Paisley was ejected through a window on the driver's side and crushed by the overturning SUV. Hughes' 2-year-old son suffered critical injuries to his leg.
Police later determined that no one in Hughes' SUV was wearing a restraint, court documents say. She was charged on April 22 with the negligent homicide count.
Hughes is a member of the polygamous Kingston Group, according to former sect members, also known as the Davis County Cooperative and the Latter Day Church of Christ. The court docket lists Ryan Kingston as one of her attorneys.
Former members of the Kingstons say parents in the sect often do not buckle up their children in cars because they have too many children. The former members have been watching Hughes' case, hoping it spurs a change in the sect.
Burton on Friday emphasized he represents only Hughes, who goes by her middle name, and not her church. But he said any failure to buckle up does not appear to be a result of church teaching and he sees no sign it is pervasive.
"In Dawn's circle of friends and family, buckling up wasn't as emphasized as it is in most other people's families," Burton said.
Twitter: @natecarlisle