July 29, 2010

Boating Accident Victim Speaks out at Sentencing

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By KSEE News

Story Published: Jul 23, 2009 at 4:35 PM EDT

Story Updated: Jul 23, 2009 at 9:15 PM EDT

Thomas Christopher Kirby, 38, was sentenced to three years of probation for an "accessory after the fact" charge related to the 2006 hit-and-run boating accident at Shaver Lake.

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Kirby told the Court that he is sorry for what happened to Dallen McEntire, who was 11-years-old at the time. Kirby did not apologize for his actions, his attorney said, because Kirby did not realize what had happened until it was too late to help. Kirby was the passenger in the boat. The driver, Roger Isaac Guzman, 38, was tried and convicted earlier this year for failing to render aid after striking McEntire with his boat.

Kirby and Guzman were arrested last year for the crime. They were originally tried together, but the case ended in a mistrial when jurors could not agree on a verdict.

Dallen addressed the Court Thursday, as he described his extensive injuries and rehabilitation.

Judge Wayne Ellison thanked those who provided statements. He then sentenced Kirby to three years of probation. Kirby will also be required to pay $80,000 in restitution. The total amount will be taken directly out of Kirby's paycheck in $500 monthly increments.

The McEntire family stated that they believe he should have been sentenced to jail.

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View Oldest Comments First

Mike said on Wednesday, Aug 26 at 12:44 PM

dude, he's NOT dead- look up at his PHOTO at the hearing!

Eyeman said on Thursday, Jul 23 at 9:26 PM

Lyn1524 - It's pretty incredible that a " boy has been kill" victim speaks at the sentencing. Learn more about a trial before you decide to pass judgment. Mr. Kirby was not operating the boat, if in fact the boat in question actually caused the accident. Let's all hope that no one is in the passenger seat of an auto that hits someone... according to Fresno Cty., you are also responsible along with the driver.

dpittman81 said on Thursday, Jul 23 at 8:37 PM

he wasn't killed but badly injured.

lyn1524 said on Thursday, Jul 23 at 7:37 PM

yes ,they should had be sent to jail. a 11 year boy has been kill and these guys walks away with a slap on their hand .well guys who better thank the good lord,that i wasnt on the jurrs

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