Jurors return sentence for Mosher

By: Tamara Evans Email
By: Tamara Evans Email

The sentencing phase of the Mickey Mosher trial is over. Jurors returned a sentence of 12 months in jail and a $500 fine.

Mosher was found not guilty on April 13, 2007, for the deaths of Cornelius Martin and Brooks Mitchell and for seriously injuring Bill Leachman. She faced a number of charges from the June 2006 crash, after her truck crossed the center line on U.S. Highway 79 striking the men.

Mosher was accused of being under the influence of marijuana at the time of the crash. A jury found Mosher not guilty to DUI, wanton endangerment, wanton murder, second-degree manslaughter and first-degree assault.

Mosher was only found guilty to possession of marijuana and possession of drug paraphernalia.

Today's sentence of 12 months and a $500 dollar fine wasn't surprising to the attorneys in the case.

Before the jury even sentenced Mickey Mosher for possession of marijuana and possession of drug paraphernalia, her attorney Stewart Wheeler says he knew she would get the maximum sentence.

"Are you surprised if she gets the 12 months," WBKO asked.

"I'll be very surprised if she does not," Wheeler said.

Wheeler said this was his most difficult case so far to take on.

"There's not question about it because of who was involved, what was involved and the terrible, terrible circumstances surrounding what happened on the third day of June last year," Wheeler said.

Even days after the verdict was announced, Logan Commonwealth Attorney Charles Orange said it's still a hard case for everyone.

"We were pleased with the sentencing phase considering what we had to work with. Obviously the verdict on Friday was extremely disappointing to the Commonwealth as well as to the families who lost loved ones, and for Leachman who was seriously injured," Orange said.

Both attorneys said Kentucky doesn't have a standard for what intoxication is when it comes to marijuana.

If the state had such a "per se" statute the attorneys said the outcome of this case may have been different.

"It would make it somewhat easier to resolve these cases without the necessity of a jury trial. There is no "per se" level relative to that of chemical dependency in Kentucky," Wheeler said.

Wheeler said statute or no statute, he's just glad the case is now over with.

"A sense of relief primarily that this nightmare is over, but I know it's not over for everybody," Wheeler said.

Final sentencing for Mosher from Judge Tyler Gill will take place on April 19, 2007, at 8:30 a.m.

At that time the judge will also determine if time already served by Mosher will be counted.

Mickey Mosher is also scheduled for another trial in Logan County next month for failing a drug test while out on bond in this case.

Mosher is accused of having marijuana in her possession when she went to the Logan County jail to be drug-tested.


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