Rebecca Lawless, the 28-year-old woman accused of drunk driving and negligent-homicide manslaughter in the death of Diane Upton in a car crash near Palm Coast’s Town Center in 2014 pleaded guilty to four charges today and will serve five years in prison.
The sentence is less than half the minimum mandatory requirement of 11 years Lawless would have served had the strict letter of the law been applied. But Circuit Judge Dennis Craig conceded to a “downward departure, a significant one at that,” in the prosecution’s words, because Upton’s family agreed not to be as harshly punishing of Lawless, but rather give her another chance.
The lesser penalty reflects “what my mom would want,” Diane Upton’s daughter Kalyn Upton, told the court today, “and that’s to show mercy.”
Lawless, of 43 Filbert Lane in Palm Coast, also pleaded to three charges of drunk driving and causing serious injury to three individuals, among them Upton’s daughter and granddaughter, Kalyn Upton, 24 at the time of the crash, and Vivian Upton, 5 at the time. Lawless also caused injuries to a passenger in the car she was driving.
Kalyn Upton’s Statement To the Court[media id=415 width=300 height=200]
Lawless herself was not injured. She was also cited for blowing through a red light at the intersection of State Road 100 and Town Center and Landing Boulevard. Upton was driving her PT Cruiser out of the shopping center when Lawless ran the red light and crashed into the Cruiser with her Toyota Camry.
The plea agreement and sentence also includes five years’ probation after the prison term ends, with no eligibility for early termination of probation, and the permanent–lifelong–revocation of Lawless’s driver’s license. Lawless will also have to comply with a series of requirements such as attending certain classes.
Moments before the crash, Lawless had been pulled over by a Flagler County Sheriff’s deputy, found to be drunk, and ordered to turn over the driving her her car to her boyfriend, who would ostensibly drive her home. But shortly after the man took the wheel, Lawless again got into the driver’s seat and drove on–to the fatal encounter with Upton. One of the deputies involved in the earlier traffic stop, where a field sobriety test on Lawless was aborted, knew her personally. (See the full story here.)
Lawless made a brief appearance at the podium before the judge asked Upton if she had a statement for the court. Upton did, and after crossing paths with Lawless, was seated in the witness stand. She lost “the best friend and most loving person I’ve ever known,” she said of her mother, describing how, after having had a child of her own and left home at 18, her mother had taken custody of her child, taken care of her and raised her as her own, all along making sure Kalyn could see her daughter and make her way back to assume her responsibilities. “She was the only person who supported me through every bad decision I ever made,” Upton said.
The night of the crash, the family had been at a Halloween party, and Kalyn had convinced her mother that the trio should stay together that night. At the fateful intersection, Kalyn had actually seen Lawless blow through the red light, she told the court, and warned her mother. “She didn’t hear me, she was happy go lucky,” Kalyn said.
The case was prosecuted by Assistant State Prosecutor Tim Pribisco. Lawless’s attorney was Richard Zaleski, who, with Lawless standing next to him before the judge, described Lawless as “extremely remorseful the entire time that I’ve known her.”
“She’s going to accept responsibility for the mistakes made,” Zaleski said.
Lawless pleaded no contest at 2:43 p.m. Seven minutes later, after she was finger-printed and submitted to a DNA swab of her mouth, Lawless was escorted out of the courtroom through the side door used for defendants and inmates, in handcuffs. She did not look back at the dozen-odd people who had been with her when she had walked in and sat through the proceedings.
- Diane Upton of Palm Coast Is Killed, Kalyn Upton and Child Seriously Hurt in 2-Vehicle Wreck on SR100
- Rebecca Lawless, 26, Faces DUI Manslaughter Charge in Death of Diane Upton on SR100
- Palm Coast Woman Charged in DUI Manslaughter Was Stopped Moments Before the Crash, and Released
- Diane Upton’s Obituary
David S. says
She better consider herself lucky,I would have given her the max…
frank says
5 years for murdering someone after being pulled over and given the chance to avoid a dui by switching seats with her boyfriend and down the road returns to the drivers seat yet again. Are you kidding me? This is the most retarded city I have ever lived In. So many people get away with Shit.
Conner says
They should be cracking down on this. These careless “accidents” have become far too common.
Darcy says
Diane was a perky, wonderful person who had a strong trust of the Lord. This enabled her to be the merciful and loving mom that her daughter expressed, it also confirms that Diane would have wanted mercy for Ms. Lawless. She believed in redemption… Her mercy is a good legacy for her family. Those of us that knew Diane miss her and think of her often.
Dawn Smith says
Deputy should be held responsible too, he let her drive off.
JasonB says
Doesn’t seem like the lord was looking out for anybody in this mess, guess he was too busy helping someone score a touchdown.
brian says
the sentence is B.S.
Dave says
Blood is on the Sheriffs hands here. The police failed us in the worst way.
tim says
Dawn Smith you couldn’t be more right. he should be charged with manslaughter or accessory to her crime for letting her go. If the cop did his job this lady would still be here today. shows how crooked FSCO is!!! to have pulled over a drunk driver and let her go is unacceptable and the absolute opposite of the cop doing his job,not to mention the right thing.
PeachesMcGee says
While this may seem like a light sentence, there was a time when a DUI manslaughter did not include any mandatory prison time.
Sure, 5 years seems light…but look at her restrictions. A lifetime of no driver’s licence.
Think about it…you can never drive a car again. Ever.
You’ll also have to live with the fact that some died because of your poor choices.
This felony will follow her forever, as will the loss of a driver’s licence.
Yup…5 years in prison is light, but everything else is a life sentence.
Sw says
They woulda put me in a cage.The FCS who let her go initially is to blame as well
Joe says
So why didn’t the deputy arrest her when stopped?? Because she was a friend? Had it been you or me we would’ve been locked up and this tragic accident would never have happened. I hope the deputy was reprimanded in some way because he has blood on his hands.
Yourstruly says
The deputy that FAILED to do his job, should be paying for it as well. But for the fact that he let her go, this death could have been avoided!
brian says
the sentence is too light..the times change as does the punishment for avoidable crimes.. a min 11 years is what she should have gotten..hopefully karma will take care of this SOB and the cop that let her go..
USA Lover says
Again, a light sentence. This has to stop!!!!!!!!!!!!!!
Sharon says
This may seem like a light sentence,but it’s not you are right it’s life long. She will think about this night and day for next 5 years.