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Woman who killed child back in court |
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Wednesday, 13 August 2008 |
A petition has been filed to revoke the probation of a Benton woman convicted of manslaughter in the Sept. 28, 2004, death of William “Isaac” Brian.
The petition, filed by Saline County Prosecutor Ken Casady, states that Tiffany Nix has violated the terms of her probation. She is scheduled to appear in Saline County Circuit Court on Oct. 7.
The death of the youngster, who was getting off a school bus when he was struck by Nix’s vehicle, led the state Legislature to pass Isaac’s Law in 2005. The law enhances penalties for motorists who pass a school bus that has stopped to load or unload children.
The law makes negligent homicide at a school bus stop a felony and includes mandatory license suspension for passing a school bus.
Casady’s petition for revocation states that Nix has failed to perform community service as directed and failed to cooperate with a work program adviser.
The petition notes that Nix had an obligation to complete 400 hours of community service at a rate of eight hours per month and was 85 hours behind when the revocation petition was filed on July 29.
The petition also notes that Nix failed to complete the court-ordered Arkansas Department of Correction prison tour by failing to report on time for her tour on Feb. 5, 2008. It also states that she did not complete the rescheduled tour on June 24, 2008, and that she failed to provide a required urine sample.
The petition also refers to a July 12, 2008, incident in which Nix allegedly committed the offenses of leaving the scene of an accident, driving without a driver’s license and careless and prohibited driving.
The petition states that on that date, an off-duty Arkansas State Police trooper was attending a child’s birthday party at Bud’s Roller Rink in Benton, where the trooper observed Nix back into a parked vehicle, then pull her vehicle forward as the bumper of the parked vehicle was dragged off and onto the pavement by Nix’s vehicle. According to the trooper’s account, Nix sat in her vehicle for a time before leaving the scene.
Damage to the vehicle was estimated at $1,714, the petition states.
When questioned by a probation officer about the incident, Nix indicated she didn’t know she had struck a vehicle and said it was “only scuffed,” the petition states.
The document further notes that Nix “made untruthful statements to a supervising officer.”
Nix denied these allegations in a recent court hearing.
William and Shari Brian, parents of the victim, supported a plan to allow Nix to serve only a few days in jail, but reportedly have said say they now want Nix to spend the balance of her 10-year sentence in prison.
“I think (prison) is what it’s going to take for her to have a wake-up call. It’s obvious she has little regard for other people’s safety,” William Brian said.
Prosecutors said Nix had opiates and amphetamines in her system at the time of the accident in which Isaac was killed. Initially, she was charged with negligent homicide, but prosecutors upgraded the charge after receiving results from laboratory tests.
The Brians have said they will always fight for justice for Isaac, but are moving on with their lives. Reportedly, they are in the process of adopting a baby girl.
“Being parents will always come easy for us,” William Brian told a Little Rock television station. “We love doing it. It seems natural.”
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