Klamath Falls, Ore. – A Klamath Falls woman whose drunk driving caused the fiery death of a motorcyclist won’t get any prison time.
38 year old Terry Maxwell of Bonanza died when Brenda Tobin turned her pickup truck in front of his oncoming motorcycle.
The crash happened in August of 2018 on South Sixth Street near East Main.
Maxwell’s passenger Mandy Harris also suffered major injuries.
Tobin was sentenced Thursday morning in Klamath County Court.
Harris addressed Tobin directly at the hearing. “Brenda, you made a choice one night that not only impacted my kid’s lives, but everyone that knew Terry. I was in the hospital for 21 days.”
Tobin expressed remorse. “I know there’s nothing that I can ever do or say to make anybody ever feel better, or to take back what happened – but I’m just deeply and terribly sorry.”
Tobin pleaded ‘guilty’ to charges of attempted criminally negligent homicide and third-degree assault as part of a plea deal.
She’ll lose her driving privileges for life, and be on probation for 3 years.
Klamath County District Attorney Eve Costello says she’s aware many are frustrated that Tobin won’t be serving any time in prison.
Costello says evidence issues played a role in the decision to negotiate a plea.
“The defense filed a motion to suppress evidence.” Explains Costello. “During our discussions at the settlement conference, the judge felt that probably would have won – in which case, we would have had a very difficult time.”
Tobin will be serving a 30 day jail sentence starting February 20th.
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