OFF THE WIRE
WACO (August 19, 2010)--Trena Mitchell, 39, of Waco, who was convicted Wednesday of manslaughter in the traffic death of Waco biker Richard "Hat Trick" Schroeder last year, was sentenced to 12 years in prison Thursday.
Mitchell, who could have been sentenced to as much as 20 years in prison, will be eligible for parole in three years.
She covered her eyes with her hand and bowed her head as the verdict was read.
Later, while Schroeder’s widow and mother read impact statements, she sobbed openly.
The defense asked jurors to sentence Mitchell to probation.
Prosecutors didn’t specify a sentence, but did tell jurors that if they decided on probation, they should make it for a period of at least 10 years.
Defense attorney Phil Martinez said he plans to appeal.
“I don’t want to get into all the issues,” he said, “but I do think there are two or three things that it would be wise for us to look at.”
Schroder’s widow, Michelle, said she feels justice was served and said while she feels sorry for Mitchell’s family, she doesn’t think Mitchell feels any remorse, yet.
Schroeder, 45, was riding with a group of bikers on a Christmas toy run in December when authorities say Mitchell, who is legally blind, failed to yield at a stoplight and pulled into his path at the intersection of Martin Luther King, Jr. Boulevard and Lake Shore Drive.
Schroeder was thrown about 90 feet when the motorcycle and the car collided.
He was taken to Hillcrest Baptist Medical Center where he later died.
Closing arguments started at around 11:15 a.m. Thursday after about two hours of testimony.
Deliberations started at 1: 50 p.m. after jurors took a lunch break.
The jury returned the sentence shortly before 3 p.m.
Mitchell’s husband, Gregory, became teary-eyed Thursday morning as he testified about how his wife had supported him when he earned his associates degrees and cried twice during cross-examination when prosecutors questioned him about why his wife had never gotten a driver’s license.
He replied that he and she always tried to do the best they could for their family.
He became angry when prosecutors said he lied in statements to police and in previous testimony, and the judge twice asked him to calm down.
He apologized.
The courtroom was packed Thursday with friends and family members of the defendant as well as with bikers wearing their club colors.
The jury deliberated for less than an hour Wednesday before finding Mitchell guilty of manslaughter.
Mitchell originally pleaded guilty in May to one count of manslaughter and asked for deferred adjudication probation, but Strother, who received hundreds of letters from motorcycle enthusiasts, rejected the plea deal, denied the motion and set a trial date.
Testimony Wednesday centered largely on Mitchell's eyesight and on whether the traffic light at the intersection was green or displaying a turn arrow when Mitchell turned left into Schroder's path.
Mitchell's husband Greg, who was out of town at the time of the accident, testified he taught his wife to drive in parking lots, but said she has never had a driver's license.
When asked if she's legally blind, he said, "well technically."
He said she can see about half a football field and can spot him in a store parking lot.
Her mother had been driving her, Mitchell said, but she suffered a stroke in 2009 and since then his wife had been driving more.
He testified that she has glasses, but wasn't wearing them at the time because her nephew broke them.
Under cross-examination, Mitchell testified that his wife isn't incapable of getting a driver's license, but said she just hasn't had time.
He testified that the couple's two daughters were in the car with his wife at the time of the accident and told jurors that both said they saw a green arrow, meaning that Trena Mitchell had the right of way to make a left turn.
Late Wednesday morning, claims representative Kylie Clark with the Mitchell's auto insurance carrier, State Farm, testified that Trena Mitchell told her she had a green arrow at the intersection and that she didn't see Schroeder.
She testified the insurance company hired a private investigator to interview the officer who investigated the accident.
The officer told the investigator that Trena told him she had a green light.
She testified that based on the reports, the company decided to accept liability.
Randy McLaughlin, who witnessed the accident while stopped at the intersection and whose truck was hit by Mitchell's car in the crash, said he saw Mitchell's car turn directly in front of Schroeder.
He testified he wasn't able to see the lights controlling Mitchell's turn.
"From what I saw, he had no chance to even slow down. The car was there, and then he was there," he said.
He testified that after the crash he saw Mitchell trying to get a child's car seat out of the trunk of the car and heard her talking to another woman who was saying Mitchell needed to put the baby in the seat.
The baby was a 2-month-old whom Mitchell's 18-year-old daughter was holding as she rode in the back right passenger seat of the car.
McLaughlin testified he didn't see Mitchell wearing glasses or any other eyewear before he left the accident scene.
Wednesday afternoon, Mitchell's 17 and 18 year old daughters both testified they saw a green light and a green left turn arrow at the intersection as their mother began her left turn.
A city of Waco traffic analyst confirmed that if both the green light and left turn arrow were displayed, Schroeder would have had to run a red light.
He said if Schroeder went through a yellow light, Mitchell would not have had a green arrow.
Another witness, who was several car lengths behind Schroeder at the time of the accident, said he's sure the light for the line of traffic was green.
On Tuesday, two Waco police officers who investigated the deadly crash testified Tuesday about the statements Mitchell gave them after the accident.
She told one officer she had a green light and didn't know where the motorcycle had come from.
The other testified that she told him that she had a green light and thought she could make a left turn before the motorcycle entered the intersection because she had plenty of time.
The officer said she told him Schroeder must have gotten there faster that she expected because he was speeding.
A four-man eight-woman jury was seated for the trial Tuesday afternoon and lawyers presented opening statements starting at around 4 p.m.
While jury selection was underway, about a dozen bikers were gathered outside the McLennan County Courthouse and as many as 25 were seen riding around the courthouse during the day.
Reporter: By Megan Fleetwood
courtesy of KWTX News
