Speaking your Mind...Part 3

Driving is a privilege that requires responsibility and good decision making…Mr. Hovey has demonstrated he has the ability for neither and should lose his driver’s license permanently. There are no guarantees as to whether or not Mr. Hovey will ever have remorse or will ever seriously address his addiction, however, I do believe that keeping him off the streets for as long as possible could save lives.

I would like you to look at this photo (showed photo of Amit’s truck). This is a photo of the carnage that resulted from Troy Hovey’s choices. This image is branded into my brain…an image I will never forget …an image I wish I could forget… this is the result of Troy Hovey’s choices. I want you to see the devastation…and attempt to comprehend that this is a mere fraction of what he caused because of his choices. The twisted metal, the splintered glass, Amit’s coolers and farmer’s market food scattered across the highway…and behind all of this metal and glass…is the worst tragedy that has befallen my life, Deepika’s life, Amit’s parents lives…the broken body of my best friend, Deepika’s husband and love, Jevesh Tandon’s father, Amit Tandon. I can only pray that in those last moment, he did not have time to think of Deepika, of his unborn child, of his family. My heart wants to believe that he went quickly and without pain and suffering…but the scientist in me knows that there is the possibility that in those last moments of his life, he wanted one last moment to tell his family that he loved them, one last dance with his true love, one last moment to hold his wife and child, ...

...knowing that he would not have that chance as his last breath passed his lips. Those are the thoughts that haunt me.

Troy Hovey killed Amit Tandon, resulting in an immeasurable amount of pain and suffering. Troy Hovey did not just violate probation…he violated the victims, he violated Deepika, he violated me …forcing us to relive this terrible grief. What I want and want Deepika wants…we can never have…we want Amit back in our lives…we want our happy normal lives back…but the reality is, no matter what happens…those are two wishes we will never have granted. We must settle for hope. Hope that with time we will find some peace, Hope that the pain becomes easier to live with, and Hope that we can see Justice served and that Troy Hovey finds remorse and recovery.

Speaking your Mind ...Part 2

Drunk Driving is not a mistake, it is not an accident, it is not an error...it is a choice, plain and simple. A person knows before that first sip passes their lips that they need to make appropriate plans for a safe way home...and to do otherwise puts lives at risk. Whether or not they are a good person, have a particular job, have had a particular surgery, or even that they have a family of their own, does not excuse a bad choice or eliminate responsibility for the terrible results of those choices…Victims of DUI have families, have friends, are good people, have good jobs, had lives.

While Troy Hovey served less than 6 months in jail, we have been given life sentences, a lifetime of pain and heartache, a lifetime without our friend, son, uncle, brother, husband, and father …and Amit Tandon…his entire life was stolen.

Mr. Hovey was given the opportunity to choose to channel his supposed remorse, to choose to embrace recovery and he squandered that opportunity because he has neither remorse nor a desire to recover. Remorse can and has been contrived.

While, Amit's widow, Deepika, works every single day of the week to make ends meet and take care of her child, Troy Hovey plays on facebook. A recent entry from May and June shows Hovey inquiring as to the cost and availability of a recreational vehicle that costs almost $9000. Would a remorseful person do such a thing? Would a remorseful person violate probation or falsify logs? Would someone who has "embraced" recovery falsify logs and lie about treatment? If he had wanted to seek a different form of treatment, why not petition the court? Why lie and deceive unless he knew he was doing something wrong? Having committed these violations, I pose a potentially even more serious series of questions: What else could he be guilty of? What else may he by lying about? Whose lives may he be putting at risk?

A man has violated the law and he must be held accountable for his actions to the fullest extent allowed by law. If he is not remorseful and has not embraced recovery, he has the potential to repeat his past crimes...and in so doing, puts each and every one of us and our loved ones at risk. Perhaps Troy Hovey Needs to go to prison, not only to be held accountable for his actions and choices, but to gain perspective on what he has done and to be given the opportunity in a more secure and supervised setting, to attempt recovery.

I have sympathy for Mr. Hovey’s wife and children, but the reality is, the only person to blame for this entire mess, this tragedy, is Troy Hovey. He has punished his own family by virtue of the choices he has made, no one else.

Speaking your mind...Part 1

It brings me no pleasure to be here today, but I find that I am compelled to do so. Compelled by the grave injustive done to Amit Tandon and all those that loved and cared for him. I am compelled to be here by teh actions and choiced of one man, a man I consider to be a kller, a killer lacking remorse...a killer lacking a willingness to accept responsibility for his actions and choices.

Troy Hovey has demonstrated a complete inability to make good choices…two years ago Troy Hovey made not one, but a series of bad choices. What happened was not an accident, it was not a mistake, …he did not swerve to miss a deer, he did not pass out from an undiagnosed medical condition, he did not hit an icy patch on the road…he made a choice. Troy Hovey chose to drink to excess, he chose not to call anyone to get a safe ride home, he chose to get behind the wheel and drive at excessive speeds, he chose to talk on a cell phone, and as a result of this series of bad choices, a man died, ...Amit Tandon.

And just as Troy Hovey made those terrible choices on August 6th of 2008...he has chosen to thumb his nose at the court, the law, and all victims, by making the choice to violate his probation. Our hearts ache and we carry this grief with us for the rest of our lives while Troy Hovey shows no remorse or desire to “recover,” essentially spitting in the face of all of his victims.

The pain Troy Hovey has caused is deep, raw, and seemingly unending. There is no number, no price, no quantifiable measure that can truly define the utter devastation and turmoil inflicted upon the hearts and minds of so many, not only by the tragedy two years ago, but by Troy Hovey’s more recent crimes which have wrought continued suffering as we are forced to relive all of that pain, all of that heartache, all the anxiety … reopening wounds that had only just begun to mend.

Deepika and I have a shared loss, and I can tell you that whatever pain I experience, hers is far greater as her loss was far greater. We have suffered sleepless nights, countless tears, anxiety, and heartache. The inner turmoil I have experienced has caused such disruption to my life that there is not one aspect that has not been affected by this nightmare,… depression, distractions at work, stomach problems…I find my relationships have suffered with friends as they struggle to understand what I am going through, often unable to understand and unable to help. My own family is 2000 miles away and yet they suffer as they are unable to comfort me, unable to fix this tragedy that has so severely affected their daughter’s life.

Speaking your mind...a spoken statement...

Speaking in Court

Much of what I included in my spoken statement was taken from my written statement...but it is important, whenever possible, that the court, the DA, the defendant, the probation department, and the audience, HEAR the impact and SEE the impact, that such crimes have on the hearts, minds, and lives of those that are left to pick up the pieces after such terrible tragedies. Regardless of their relationship to the victim...

I would never say that making a spoken statement is easy...but...it is important...for the court...and for the speaker...

I had my say in court...hopefully Troy heard my words, my pain, hopefully he came to more fully understand the impact his choices had on all those that care about Amit, Deepika, and Jevesh. Hopefully those people in the audience heard and understood the impact of those choices.

Many a disparaging remark has been made towards those people who have been involved in one way or the other in the recent arrest and prosecution of Troy Hovey. I will point out these facts...Troy Hovey made the choices two years ago to drink, drive, and kill, and Troy Hovey made the choices to violate probation. The Probation officer did his job, the DA did his job, Judge McClean did her job. Troy admitted to all of his crimes....even if he was unwilling to take responsibility for them...He admitted to the violations and admitted to the judge in a discussion of the difference between a mistake and deceit...that he was guilty of deceit. Those people who took the time to write impact statements and/or speak in court stood up for what is right...stood up for something they felt strongly about...

I will not apologize or be ashamed for taking a stand and wanting to make a difference. I would do it again in a heartbeat and I will continue to take a stand for victims of DUI. I will write impact statements, I will speak in court, I will publish my blogs...and in the end...maybe...hopefully...I make a difference.

Making a Written Impact...Part 6...Numbers to go with the faces...

Numbers to go with the faces

I realize that the court is likely very familiar with the statistics regarding DUI. Further, Amit Tandon was a human being, not a number. All that being said, I felt the following (including references) were just some of the relevant points to take into consideration.

*Drivers with a BAC level of .08 or higher involved in fatal crashes were eight times more likely to have a prior conviction for driving while impaired (DWI) than were drivers with no alcohol (8% and 1%, respectively). (Source: NHTSA, 2008)

*About one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders. [Fell, Jim. “Repeat DWI Offenders in the United States: National Department of Transportation, National Highway Traffic Safety Administration Traffic Tech No. 85, February 1995. http://www.nhtsa.dot.gov/people/outreach/traftech/1995/TT085.htm]

*Fifty to 75 percent of drunk drivers whose licenses are suspended continue to drive. [Peck, R.C., Wilson, R. J., and Sutton, L. 1995. “Driver license strategies for controlling the persistent DUI offender, Strategies for Dealing with the intent Drinking Driver.” Transportation Research Board, Transportation Research Circular No. 437. Washington, D.C. National Research Council: 48-49.

Beck, KH, et al. “Effects of Ignition Interlock License Restrictions on Drivers with Multiple Alcohol Offenses: A Randomized Trial in Maryland.” American Journal of Public Health, 89 vol. 11 (1999): 1696-1700.]

*A first time drunk driving offender on average has driven drunk 87 times prior to being arrested. [Zador, Paul, Sheila Krawchuk, and B. Moore. (1997) “Drinking and Driving Trips, Stops by Police, and Arrests: Analysis of the 1995 National Survey of Drinking and Driving Attitudes and Behavior,” Rockville, MD: Estat, Inc, 1997.]

*A 2008 AAA poll measuring the traffic safety culture of Americans, found that 80% supported requiring drivers who have been convicted of DWI to use equipment that tests them for alcohol, i.e. an ignition interlock device. Also, 88% of the respondents in the poll felt that drunk driving is a serious traffic safety concern. [AAA Foundation for Traffic Safety. “2008 Traffic Safety Culture Index” Washington DC: AAA Foundation, April 2008. http://www.aaafoundation.org/pdf/2008TSCIndexFinalReport.pdf]

*About one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders. [Fell, Jim. “Repeat DWI Offenders in the United States.” Washington, DC: National Department of Transportation, National Highway Traffic Safety Administration Traffic Tech No. 85, February 1995. http://www.nhtsa.dot.gov/people/outreach/traftech/1995/TT085.htm]

*The risk of a driver who has one or more DWI convictions becoming involved in a fatal crash is about 1.4 times the risk of a driver with no DWI conviction. [National Highway Traffic Safety Administration. “Repeat DWI Offenders Are an Elusive Target.” Washington, DC: National Department of Transportation, National Highway Traffic Safety Administration Traffic Tech No. 217, March 2000. http://www.nhtsa.dot.gov/people/outreach/traftech/pub/tt217.html]

National Highway Traffic Safety Administration. "Traffic Safety Facts 2007 Data:Alcohol Impaired Driving” DOT 810 985. Washington DC: National Highway Traffic Safety Administration, 2008. http://www-nrd.nhtsa.dot.gov/Pubs/810985.pdf]

Making a Written Impact...Part 5...Punishment and Accountability

Punishment and Accountability

A man has violated the law and he must be held accountable for his actions. If he is not remorseful and has not embraced recovery, he has the potential to repeat his past crimes...and in so doing, puts each and every one of us and our loved ones at risk. Perhaps Troy Hovey Needs to go to prison... not only to be held accountable for his actions and misdeeds, but to gain perspective on what he has done and to be given the opportunity in a more secure and supervised setting, to attempt recovery. There are no guarantees as to whether or not Hovey will ever have remorse or will ever seriously address his addiction, however, I do believe that keeping him off the streets for as long as possible could save lives.

Some may say, “But what about his wife and kids?” I would argue…what about Amit’s wife and child? What about them? What about all the people who cared about Amit? In the end, I have sympathy for his wife and children, but the reality is, the only person to blame for this entire mess, this tragedy, is Troy Hovey. If anyone wants to point fingers, they can only point them at Troy Hovey. He made the choices that killed a good man, Amit Tandon, two years ago, and he is the man who chose to willfully violate probation, reopening wounds for all victims, torturing Deepika, torturing me, torturing Amit’s family and friends. Troy Hovey has punished his own family by virtue of the choices he has made, no one else.

Troy Hovey killed Amit Tandon, resulting in an immeasurable amount of pain, suffering, and heartache for Deepika Tandon, Me, Amit’s family, friends, the community of Chico, and all those whose lives Amit touched in his different jobs, travels, and farmer’s markets. Troy Hovey did not just violate probation…he violated the victims, Amit’s family and friends, he violated Deepika, he violated me …once again…reopening wounds we thought were healing…having to relive the terrible grief all over again.

When Troy Hovey returns to life outside of jail/prison, regardless of when that may be, I believe he needs to continue to be held responsible for his choices by the court. First and foremost, driving is a privilege and in demonstrating that he is not capable of making good decisions, Troy Hovey should not get his license back, ever. People all over the world function without a license and personal vehicle; they ride a bike, take the bus, walk, or get a ride, and they get along just fine, this includes people with families and jobs. Troy Hovey is an alcoholic, forever, regardless of whether he is able to get treatment. He may eventually be able to turn to a sober life, but, as many alcoholics do, he could fail, return to drinking and bad choices, and once again put lives at risk. Taking Hovey’s license away will save lives.

...

I mentioned earlier that Amit, Deepika, Me, Amit’s family and friends…we have all received life sentences…a lifetime of punishment, heartache, and pain, all a result of the choices that Troy Hovey has made, both two years ago and now. Troy Hovey should be required to perform a lifetime of service to atone for his crimes. He should have to perform community service for as long as his body and mind will allow. I honestly do not believe that is unreasonable considering the lifetime of loss and heartache that all of his victims must suffer. I will suffer this pain for the rest of my life, it will shape my choices and my relationships, this tragedy is not something that is forgotten, it is a scar on my brain and in my heart.

Making a Written Impact....Part 4...No Remorse? No Recovery?

No Remorse, No Recovery

Troy Hovey had an opportunity to make amends...to channel supposed remorse to embrace recovery (as Judge Glusman had mentioned in court). In the last two years Hovey has not shown any remorse, restitution is still pending, and he has demonstrated, by violation of his probation, that he is not serious about dealing with his alcohol recovery.

What I know is that Hovey has admitted to having violated his probation and he does not appear to have any remorse for anything he has done. A recent Facebook entry from Hovey (dating from May/June of this year) shows him inquiring, on a motorsports business Facebook page (Chico Motorsports), as to the cost and availability of a luxury item purchase...a recreational vehicle that costs almost $9000...meanwhile, Amit's widow Deepika works every single day of the week (7 days...not just M-F) to make ends meet and take care of her child. Would a remorseful person do such a thing? Would a remorseful person violate probation? Would a remorseful person falsify AA logs? Would someone who has "embraced" recovery falsify AA logs? If he had wanted to seek a different form of treatment, why not petition the court? Why lie and deceive unless he knew he was doing something wrong? Having committed these violations, I pose a potentially even more serious series of questions: What else could he be guilty of? What else may he by lying about? Whose lives may he be putting at risk?

Making a Written Impact...Part 3...Choices

Choices

Troy Hovey stole the life of a good man, full of life and good will. Amit Tandon was only 32 years old. He was a son, a husband, a friend, and he would have been a great dad… I truly believe that everyone who knew Amit was better for having him in their lives, I know I am a better person. He was not just Deepika’s husband; he was her best friend and love of her life. Deepika must now face the rest of her life without him by her side. Never to feel his kisses upon her cheeks, never to have him there to comfort her, tease her, hug her, support her, or love her. Jevesh will never have the chance to truly know his father. He will not have his father there for him as he struggles with his health issues. He will never have his father there to teach him to become a man. Friends and family are deprived of his friendship, kindness, and great wisdom.

Drunk Driving is not a mistake, it is not an accident, it is not an error...it is a choice, plain and simple. I believe that anyone above the age of, probably 12 (younger for those unfortunate to suffer the results of someone's choice to drink and drive), knows that drinking and driving is dangerous and has the high potential of resulting in severe injury or death, this is not a surprise, not to anyone. A person knows before that first sip passes their lips that they need to make appropriate plans for a safe way home...and to do otherwise puts lives at risk.

If a person chooses to drink and drive then they should be held accountable for their choices. Whether or not they are a good person, have a particular job, have had a particular surgery, or even that they have a family of their own, does not excuse a bad choice or eliminate responsibility for the terrible results of those choices…Victims of DUI have families, are good people, have good jobs, but in the end…they do not get a choice.

If a person chooses to drink and drive, they choose to become a killer...they may not have chosen their specific victim...but they have chosen to behave in a manner that will likely cost someone (or more than one person) their life and ultimately bring about tremendous pain and heartache to those left behind to pick up the pieces. The emotional and physical toll that a family and surviving friends must endure after losing a loved one to a collision resulting from DUI is immeasurable.

Hovey drank to excess...He Chose to drink (elevating his BAC to Three Times the Legal Limit)...He Chose Not to call his wife or a taxi or Someone to get a safe ride home...He Chose to get behind the wheel of a multi-ton vehicle turned death machine...He Chose to drive at excessive speeds (between 60-90 mph by law enforcement estimates)...He Chose to talk on a cell phone while driving (at excessive speeds and intoxicated). All of these Choices ultimately lead to Hovey driving through a barrier and driving the wrong way on 99... Hovey collided with Amit’s truck and I can only pray that his death was instant and that he had no chance for regrets, for thoughts of his wife and child, a wife and child he would never have the chance to see, to hold, to love (can you imagine having to consider the broken body of someone you care about, hanging out of a vehicle, their life destroyed by a reckless and selfish person?…I have to…Deepika has had to, Amit’s family have had to) …and now…Troy Hovey has willfully chosen to violate probation, reopening wounds for all those that cared about Amit, that care about Deepika and Jevesh.

What happened on August 6th of 2008 was a collision resulting from one person's series of Selfish, Bad choices...That crash was not an accident, an accident implies no one is at fault...It is no different than waving a gun around and having it go off...one knows that a gun can be dangerous and that waving it around is extremely dangerous...and if you choose to wave that gun around...you know there is a risk that someone will get hurt or die...Troy Hovey made choices... and because of one man's series of bad choices, the life of a son, brother, uncle, husband, friend, and father, was stolen. Deepika and Jevesh have received life sentences, a lifetime without husband and father. Amit's family, life sentences...Amit's friends, life sentences... Me, I have a life sentence. Amit Tandon never had a choice, he received a death sentence. Deepika and Jevesh, and all those that cared about Amit, never had a choice.

Making a Written Impact...Part 2...Background, Dreams, Pain

A Little Background

Amit and Deepika Tandon married on December 28 of 2007. They were best friends and loved each other deeply. Ask anyone who had the pleasure of meeting them...She loved him so much and he adored her...They laughed and smiled, the kindness they showed each other and everyone they met warmed the heart. Amit was magnetic and charismatic, Deepika, kind and warm. They were not just husband and wife; they were partners and best friends. Amit and Deepika came to know they would be parents in the spring of 2008...If only one could have taken a snapshot in that one moment...I can only imagine that Amit must have been just about ready to burst with joy...For the next number of months, Amit cared for Deepika...protecting her (overprotecting her), taking care of her, preparing for their lives as parents. He ultimately had only three goals he wanted to pursue in his life…to marry his best friend, his partner; to be a father; and to be successful enough in his business to be able to retire young, allowing him to raise his children, enjoy his marriage, and enjoy his “golden years.” At the beginning of 2008, it looked like all of his dreams were coming true.

Devastated Dreams

All of those dreams came crumbling down in a terrible rubble on August 6^th of 2008, just a few short weeks from what would have been Amit’s 33^rd birthday…and only a few short months away from becoming an American citizen.

On Monday, August 4th, Amit and Deepika found out that the child they were having was going to be a boy. On Wednesday, August 6th, Amit worked in the kitchen to prepare for the markets, never knowing the tragedy that would unfold, never even having the opportunity to talk about names for their baby boy. Imagine for a moment that you were in Deepika's place that night…waiting, worrying, wondering where her husband was, and then, the knock on the door, an officer with her husband’s wallet, and news, such terrible news. There are no words to express the devastation, horror, and trauma that one feels in that moment. Your heart is torn from your chest, you scream out, devastated, you pray to god that it is not happening, begging for it not to be true, to hope that it is all some terrible nightmare and that they are wrong, it was someone else, that Amit would come walking through the door at any moment…but he didn't, he won't, he never will.

The Pain

I can tell you how I felt when I heard the news....Sick...my stomach went cold, my face hot, every nerve ending seemed to be on fire, disbelief, my heart raced, pounding in my ears and in my chest, praying that it was some mistake...my body was tight, my throat was clenching, trying to hold back the tears...and then...then there was no stopping the tears. I remember driving to work that morning, stuck in Tucson working, 5 am, no one else was on the road at that hour...my windows were rolled down …I screamed.... I screamed like I have never screamed in my life, it was deep and from a place I did not even know existed. I think I probably cried every day for at least 6 months and it did not stop after 6 months, it just slowed…and the pain was and is always there, a never-ending ache. I want you to understand how I felt so you may consider this: My heartache and pain is only a tiny fraction of what Deepika and Amit’s family have experienced, do experience.

I met Amit’s parents during the short time they were here in the states after his death. We were sitting in the hallway at Enloe Hospital in Chico. Jevesh, Amit’s child, had been born less than 24 hours prior, and at that moment, he was fighting for his life in the ICU, awaiting a LifeFlight helicopter to take him to the Children’s Hospital in Stanford. I told Amit’s mother that I had known her son and he was a good man, he was my friend…she sobbed…telling me that when Amit died, she died….that she was not sitting there, she had died. I watched as Amit’s father could not endure the pain of the conversation and seeing his wife so devastated, reminding him of his own pain. He sobbed, turning away, unable to speak. I watched Amit’s niece, sobbing, going to her grandfather and hugging his leg, trying to comfort him, trying to comfort herself. We all cried. We cried for our loss. We cried for Jevesh, not knowing what would happen. The pain is sharp and acute even now. I remember it vividly and it hurts…two years may as well be two seconds, the pain is still real and so are the tears still shed.

Deepika's baby was born with situs inversus (his organs are backwards), he has no spleen, and five different heart defects...the next 6 months were spent at the Lucile Packard Children's Hospital where Jevesh underwent multiple surgeries and procedures to both stabilize his conditions and address some of the heart defects... Imagine having to go through all of that without your husband/partner, without a support system, without someone to lean on, the way a husband is suppose to be there for his wife. Imagine having to suffer the pain and anxiety of watching your child go through surgeries, stuck in a hospital bed with tubes and IVs, not knowing if he will live or how long he may live, while at the same time, grieving for your husband, wanting and needing him there, the pain of his loss still incredibly fresh and raw. Deepika had no choice and though I could be there as a friend, no one can substitute for a husband and no one can replace Amit.

Making a Written Impact...Part 1...Grief Spasms...

Grief Spasms

The term “Grief Spasms” was used in a MADD publication I came across on their website…and I immediately thought, how appropriate a phrase. “Grief spasms:” the instance of having a visitation of grief at an unpredicted moment. Maybe you are sitting at work, driving in your car, cooking in your kitchen, shopping at a store…and maybe the thoughts just creep or maybe they pop into your head…maybe something serves as a reminder…but either way, the pain emerges, your heart aches (physically as well as metaphorically), the tears threaten to flow. Every time I get behind the wheel, especially for long drives, I think of Amit, I think of the risk of a drunk driver hitting me, I think of Deepika and Jevesh and the life they should have had instead of the one Troy Hovey made for them. There is rarely a day that goes by that I do not think about what happened. In the weeks since news of Hovey’s probation violation made headlines, followed by his admission in court, I have not had one good night’s sleep... I think about what he has done. I think about how he does not have any remorse. I think about how I might fix things, knowing full well I cannot. I think about these things during the day, at home and at work. ... I don’t want to be writing this letter. I do not want to have a family of faces that serve as my personal reasons for taking a stand. I was just fine trying to make a difference without having a personal reason to do so…but I did not get that choice and so, here I am, wounds reopened that had only just begun to heal a bit, dealing with the bad choices of one man in particular, Troy Lee Hovey.

...

Making an impact....

Over the next few publications I will be sharing excerpts from my written impact statement and my spoken statement for court. Taking a stand does not have to require mountains of effort...each and every person who reads this blog can make a difference simply by submitting an impact statement to the courts when DUI criminals are scheduled to be sentenced, by making the right choice to never drink and drive and to never allow someone else to drink and drive.

It is only by taking a stand and sharing your voice that the courts and society will come to understand that we will not idly stand by while our loved ones are threatened and slaughtered on the streets.

Over 10,000 people die every year!...every year...as a result of DUIs...more people than, I believe, have died in Iraq or Afghanistan...I love and respect our soldiers...they have chosen to be soldiers...Victims of DUIs never get a choice.

I firmly believe that people must be held accountable for their behaviour...for their actions...for their choices...but to accomplish that, people within the society must take a stand and say or do something...or things never change until that unfortunate and terribly tragic day that they have a personal reason to do so...

August 18, 2010...a little justice...a little peace

I know that I should have posted this sooner...but this past week has been one of the hardest weeks I have had since we lost Amit two years ago. The recent probation violations and my need to take a stand brought me to a point where I had to revisit so very much of what I had been trying to move past.

Now, my hope is that we can all begin to heal again...continue the process to come to terms with the memories we must carry with us.

On Wednesday, August 18, Troy Lee Hovey was sentenced to 6 years and 8 months in prison. Troy must serve 80% of this sentence and must serve an additional three years of probation upon his release.

The following is the link to the Chico E-R article on the sentencing and the comment forum for the article.

http://www.chicoer.com/ci_15825100?source=rss_viewed

The judge almost gave Troy Hovey the harsher full sentence. It was only that he has no extensive prior criminal record that she chose to give him the "mid term."

The judge also shared that she had received numerous letters (for both sides) that generated a folder almost 4-5 inches thick. She read all of them at least once and some, more. She noted that in discussions prior to the sentencing that she and Mr. Hovey had had a discussion regarding the difference between a mistake and deceit and that Mr. Hovey had admitted that what he had done qualified as deceit.

Troy Hovey made his choices...he has admitted to his crimes...and now he must suffer the consequences of those choices. He has punished everyone...Deepika, Amit's family, Amit's friends, me, and his own family and friends by virtue of the choices he has made. In the end...we have a little justice, maybe a little more peace...we have the opportunity to heal...but Amit is still gone from our lives and nothing changes that reality. I cannot say that I am happy...I can just say that I will heal...as will so many others.

For those that are interested, I will be printing excerpts of my statements on this blog...

I will continue to post on both blogs...I will continue to try and make a difference, not only for Deepika, Amit, and Jevesh, but for so many others that must suffer the pain and heartache of such preventable and terrible tragedies.

Please...never drink and drive and never let anyone else drink and drive...Take a stand and do something...please...

Information about the upcoming hearing (Aug. 18) and Impact Statements (Aug. 6)

Sorry for not posting sooner, but I needed some time to process everything (actual and mental)...

Here are the main deadlines to keep in mind (for those that want/need to know):

***Deadline for sending Impact Statements to the Probation Department:
AUGUST 6th (This is a Friday...the office needs to RECEIVE the letters by this day)
(The two year anniversary of what has brought us to this point in the first place)

PLEASE see my last blog entry...it has outlines/suggestions provided
by the court.
By following these guidelines, being logical, factual, impactful, as well as strong and
heartfelt, you have the best opportunity at demonstrating the hard truth about
the effect of drunk driving on the immediate victims as well as the cascade of heartache
that effects family, friends, community members, and even strangers...as well as
issues on remorse, deceit, recovery, and violating probation, squandering an
opportunity given (regardless of whether we agree with that decision).

***Sentencing Hearing: The hearing is scheduled for 9:30 am ON AUGUST 18th
Location: Butte County Courthouse (Oroville)
Date: August 18th (A Wednesday)
Time (of hearing): 9:30am
Be there BY: 9:15 at the latest (You have to go through metal detectors and be waiting
outside the courtroom for the time when they let everyone in to be seated)
NOTICE: If you plan on attending/speaking, PLEASE let me know...the DA would like
to know how many people to expect (email me at: vidaenigma@hotmail.com)

Please, as always, feel free to pass on this information and/or blog address to people who may be interested or people who want to have an opportunity to say something on the matter to the court.

*** I have been given additional information that may be relevant for some...There is an address where citizens can file legitimate complaints regarding the conduct of judges.

http://cjp.ca.gov/index.php?id=16

This is the website for the California Commission on Judicial Performance. Everything you need to know about how to file a complaint and what to include in your statement can be found on this site. THIS website is the venue to air complaints regarding the conduct of Judge Glusman who has been reelected to a six year position as no person ran against him...

This information is in my previous blog, but it is so far down on the page I thought I would repeat it in this blog:

The address for the Butte County Probation Department is:

Butte County Probation Department

42 County Center Dr.

Oroville, CA 95965

For now, it is suggested that the letters be directed to this address so they will be included in the probation report. The report is given to the judge and DA in advance of the hearing. The Probation department needs to receive these letters by August 6th.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

I thought about what else I wanted to say today, as I write this blog...I have thought about things all weekend in fact...I believe those that have read my blog know how I feel and know how much my life has been impacted by the tragedy two years ago. My pain and heartache is only a fraction of what Deepika and Amit's family have experienced/are experiencing.

In some ways, I so wish my life was not what it is ...two years ago my life changed forever, I lost a piece of my heart that night...forever to be a scar that would not be forgotten...I will never forget...But I will also say this...The void that was left...a void filled with great pain and sorrow...overwhelming at times...over time also filled with joy, love, and friendship. I still feel the ache...I think it will always be there...but I also am overwhelmed with the blessing of having the friendship of Deepika, the joy of Jevesh, and the support, prayers, and positive thoughts of so many people from all over for Deepika and Jevesh...I cannot change what happened. Nothing I do will ever make things right...but I know this...in the end...I can say I tried...that I did what I could to try and make a differance...and that I will continue to do so for Deepika and anyone else I might be able to help...we have to stand up...even when it is hard...maybe, especially when it is hard.

I will stand in court and speak...I may be a mess, but I will be there.

Troy Hovey made choices...not mistakes...and those choices resulted not only in the death of a wonderful man, but a trail of heatache, sorrow, and anger. Drunk driving is NEVER an accident...the drinker knows before that first sip passes their lips that they have a choice, a choice not to drink, a choice to consume that drink at home with no plans of leaving, a choice to make sure they have a safe ride home...There is absolutely no excuse for driving after drinking...None!

Troy Hovey chose to put lives at risk and ultimately succeeded in the worst possible sense. Judge Glusman gave Hovey an opportunity (despite the fact that I think most people would agree it was a poor decision) to show remorse and to "embrace recovery." Glusman fully expected that he would not see Hovey again...technically, he was right...the judge that would end up seeing Hovey was/is Judge McClean. Hovey has not shown remorse and he has demonstrated, by his deception, that he is not addressing his alcohol addiction/embracing recovery. I do believe that if a man shows this kind of character (or lack thereof for that matter) that one must wonder...if he is willing to deceive the court in one way or two...what else may he be lying about...and worse...whose life/lives is he now putting at risk.

I miss Amit so very much. He should be with his wife and beautiful child, holding them close...instead I can only think of him looking down on them as a guardian angel.

Thank you all for your thoughts, kind words, letters, prayers, etc. It means a great deal and I hope you all know how much that is appreciated. Please feel free to contact me via email if you have further questions or concerns.

Informational Update Regarding Troy Hovey Probation Hearing...

Update! (07/22/10)...Hovey has plead guilty to the charges...Sentencing Hearing is set for August 18. I will share more information soon.

Here is the link to the Chico E-R article:

http://www.chicoer.com/news/ci_15574853

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I apologize for the lengthy blog entry, however I have a great deal of information I want to share. Please feel free to pass this information along to other interested parties.

It is my understanding, based on the information I have, that the hearing on Wednesday will be at 9:30AM and will determine whether or not there has been a violation of probation, so the court may or may not allow speakers depending upon the outcome. If Hovey admits the charges or is found in violation by the court after the hearing, he will likely be scheduled for a separate sentencing date and the case could be referred back to the Probation Department to write a supplemental report. If that is the case, all of the impact statements would need to be turned in to the Probation Department at least two to three weeks prior to the sentencing hearing and will be included with the report. At the sentencing hearing, the court would hear from speakers and review any letters that are submitted to the Probation Department. A hearing at 1:30 may occur if Hovey pleads innocent to the charges, however, that is less clear (I will let you know what I find out for those that may want to attend).

The following are just guidelines but they can help organize thoughts. You may attach any internet printouts you would like the judge, DA, and Probation Officer to see (you may want to describe them in the body of your statement so they know what they are looking at).

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IMPACT STATEMENT

(WRITTEN STATEMENT)

This impact statement is the only time you may have contact with the judge.

It is a time to speak in open court about the consequences the defendant imposed on you or your loved one. It is also the only time you will be able to address the defendant. If you feel you cannot, or do not wish to speak in court, you may write a letter to the judge. This letter can take the place of an oral statement. If you wish to make an oral and a written statement, you may do so.

If you choose to make a written statement, the following outline can be used to organize it.

THE HONORABLE___________________________________________________

NAME OF COURT ___________________________________________________

CITY, STATE, ZIP CODE _____________________________________________

RE: PEOPLE vs. ______________________________________________________

CASE NUMBER: _______________________________________________

1^ST PARAGRAPH: State your name and your relationship to the victim.

2^nd PARAGRAPH: Provide the date and short summary of the incident. Include the defendant and victim’s name.

3^rd PARAGRAPH: Describe the impact this crime has had on you, your family, friends, and community. State if this crime has caused economic hardship, such as large or ongoing medical bills, funeral expenses, loss of income, etc.

4^th PARAGRAPH: Explain how you feel about a future without your loved one, or about the injuries or losses that you or a loved one must endure, and how this will impact your life.

5^th PARAGRAPH: Tell the judge what you feel is justified in the way of a penalty for this crime. If you want restitution, this is the time to request it.

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IMPACT STATEMENT

(ORAL STATEMENT)

This impact statement is the only time you may have contact with the judge. It is a time to speak in open court about the effects the defendant’s crime has had on you or your loved one. It is also the only time you will be able to address the defendant.

The following provides questions for you to answer as a way to organize your impact statement. You may choose to answer all or some of these questions, they are simply a guideline to help you organize your thoughts.

REMEMBER, your statement should be one to two pages long.

YOUR NAME:

VICTIM’S NAME:

DEFENDANT’S NAME:

COURT CASE NUMBER:

SENTENCING DATE:

1. Briefly describe the crime in which you or your family member was a victim. (The judge is aware of the facts of the case.)

2. Effects of the crime on the victim/victim’s family:

(Circle all that apply)

a. Personal/Physical Injury

b. Property Loss

c. Psychological Loss

d. Financial Loss

e. Other – explain.

3. I have suffered:

(Circle all that apply)

a. Fear

b. Anxiety/Emotional Distress

c. Inconvenience

d. Humiliation

e. Frustration

f. Other – explain.

4. Explain how the crime affected your life.

5. Do you have a problem now trusting people as a result of the crime against you or your loved ones? Is your sense of safety altered?

6. Have you had trouble sleeping or have you suffered from nightmares as a result of the crime?

7. Has this crime affected your relationship with any family members, friends, co-workers or other people? Explain.

8. Did the crime against you affect anyone else in your family? How?

9. Were you physically injured as a result of this crime? (How long did the injuries last? How long are the expected to last? Did you seek medical treatment for these injuries? If yes, describe treatment received and length of time treatment was required. What changes have you made in your life as a result of these injuries?) Amount of expense incurred to date is $_________.

10. As a result of this crime, have you or others close to you sought any type of victim services, such as counseling by either a licensed professional, member of the clergy, or community-sponsored support group? If no, do you intend to seek counseling as a result of the incident? If yes, please describe type and length of treatment. Amount of expense incurred to date for counseling or therapy $__________.

11. Has this crime affected your ability to perform your work, make a living, run a household, go to school or enjoy any other activities you previously performed or enjoyed? If yes, describe loss.

12. Have you incurred personal, financial, or other losses as a result of this crime? If yes, describe the loss/losses.

13. Did the time you spent in Court disrupt your life? How?

14. Have you or your family members been threatened by the Defendant (or minor) during or after the course of the crime?

15. Do you fear for your personal safety or that of your family or others if the Defendant (or Minor) is released back into the community? Why?

16. Do you have any thoughts, suggestions, or recommendations on the sentence that the court should impose? (Prison, Jail, Counseling . . . how long?) If yes, please explain. (Ask the Probation Officer preparing the report to tell you what the penalty for this crime is as stated in the Penal Code.)

17. Express why you believe your sentencing recommendation is just.

Note: You must provide documentation to prove your losses; i.e. copies of medical bills, receipts, etc.

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COMMENTS FROM JUDGES

ON IMPACT STATEMENTS

v It is helpful if individuals write out or outline in advance what they wish to say, and then use it as a reference (avoid simply reading it).

v Keep the focus on the crime and its’ effect on the victim and their loved ones, and what the victim wants to happen to the defendant (within the scope of the law!).

v Victims are discouraged from making general negative comments about the defendant and from emotional outbursts.

v Some judges will “tune out the victim” if their statement becomes lengthy. Keep your statement under five (5) minutes in most cases.

v Most judges are persuaded by additional information about the impact of the crime upon the victim, level of danger/fear and defendant’s background (if victim knows defendant.)

v You may make your impact statement before or after the defense counsel and prosecutor speaks. If you have a preference, it is important to let the prosecutor know. The prosecutor will then make this known to the court.

v Some judges will place a sentencing at the end of the calendar to accommodate a wish for less public exposure.

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The address for the Butte County Probation Department is:

Butte County Probation Department

42 County Center Dr.

Oroville, CA 95965

For now, it is suggested that the letters be directed to this address so they will be included in the probation report. The report is given to the judge and DA in advance of the hearing. If that suggestion changes I will let you know. Here are links to both the court and the county that:

Court Address: http://www.buttecourt.ca.gov/courthouses/BCCHcourthouse.htm

DA and Probation Addresses: http://www.buttecounty.net/Department%20Contacts.aspx