Man who ran over Kearns school children gets probation

SALT LAKE CITY — A judge, saying the public would be better served if a man convicted of running over a group of school children continued his current treatment program, sentenced the man to five years probation Friday and ordered that he not drive a vehicle.

Luka Wall Kang, 51, has already served more than a year in jail for plowing into a group of Kearns Junior High students walking home from school near 4000 West and 5600 South in May 2009.

Six students were hit by his vehicle and six others had to dive out of the way when Kang drove his vehicle off the road and directed it toward children on the sidewalk. Three boys were transported to a hospital. None of the injuries were serious.

Kang, who is from Sudan, told the court through an interpreter Friday that he was sorry for what happened and did not intentionally run into the children.

"I would never do that again to them," he said through his interpreter. "What I did was not intentional."

In August, Kang pleaded guilty, but mentally ill, to two counts of aggravated assault. His attorneys said he was diagnosed with depression and psychosis and was not taking his medication when the accident occurred. They described him as having a mental illness episode when he hit the children.

Third District Judge Deno Himonas said that under regular circumstances the crime itself was serious enough to warrant prison time. But based on the progress he had made with mental health treatment since the accident, he felt it was better to continue with that rather than starting a new treatment program in prison.

"It does appear (the accident) was not intentional," he told the court. "Prison would disrupt his treatment and probably make him a danger to society."

Himonas sentenced Kang to two consecutive terms of zero to 5 years in prison for both counts before suspending the sentence and placing him on probation. He said he chose a consecutive sentence over a concurrent in case Kang has a relapse.

"If I'm wrong, I want him to be placed in prison as long as possible," he said. "I have a genuine concern. What if he goes into another psychotic state?"

Rina Perez, the mother of 14-year-old Thomas Perez, said she was "confused" by the sentence. Thomas Perez was the student most seriously injured in the accident, being thrown away from the car after impact. He still has several scars on one arm from the incident.

"It was a surprise to know he was out there in our county again," Rina Perez said. "I don't know. I wanted him to go to prison."