Driver pleads guilty to auto homicide in Provo crash

PROVO — Ben Shaw was three badges away from earning his Eagle Scout and was planning to serve an LDS mission.

But a car accident, an injured hand and a developing addiction to pain pills was the beginning of the downward spiral, said Shaw's dad, Jerry, who watched his son stand before a judge Wednesday and plead guilty to charges of automobile homicide.

Shaw, 23, had been drinking on July 14 when he lost control of the vehicle, spun through a Provo intersection and hit a light pole, killing two of his passengers.

"He went to a party he shouldn't have gone to," Jerry Shaw said, shaking his head.

All five of the young passengers had been drinking and some had even done drugs that night, according to testimony from a preliminary hearing weeks ago, as well as Shaw's blood alcohol level, which was three times higher than the per se limit.

Shaw pleaded guilty Wednesday and will be sentenced in 4th District Court on Jan. 4 at 9 a.m. on two counts of automobile homicide, a second-degree felony and one class A misdemeanor of attempted possession of heroin.

"He does not want to put the family of Ms. (Ashley Ann) North or Mr. (Stephan) Peery through a trial, nor does he want to put his own family through a trial," said defense attorney Andy Howell.

Although Shaw was behind the wheel, the families of the victims acknowledge the bigger problem is drug and alcohol abuse.

"No one was innocent in that car," said Dawnya Peery, the mother of Peery, 20, who died at the scene. "This seems to be a common thread, (it starts) in junior high, the only outlets are to have them arrested or go to AA. It's not enough. We need more support. We need more treatment for our young, young kids."

She said their family has chosen not to be bitter, and has become friends with the Shaw family. While they don't blame Ben Shaw, the law is clear about accountability. Still, Peery doesn't want Shaw to go to prison.

North, 20, and Peery were killed as a result of the accident and passenger Cody Fairbanks, 22, was seriously injured but has recovered.

Peery's main concern now is addressing drug and alcohol addictions earlier, perhaps in fifth, sixth or seventh grade — before a teen is already entrenched in the justice system.

Shaw had been arrested several times before and also pleaded guilty Wednesday to attempted illegal possession or use of a controlled substance, a third-degree felony based on a heroin overdose in April.

Peery had also been before the 4th District Court as an adult several times — visits that could have been avoided with earlier intervention, his mother said.

"Our kids are in so deep, it's so hard to bring them back," Peery said with tears in her eyes. "Something's wrong. Something's broken (in our system) — our kids are dying."

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