Sentencing for an Ogden man who pleaded guilty to automobile homicide was delayed Tuesday after his attorney objected to a recommendation by Adult Probation and Parole that his client be sent to prison.
Delphine C. Payan, 26, was scheduled for sentencing Tuesday in 2nd District Court after pleading guilty to automobile homicide, a third-degree felony, in a Feb. 28 accident on I-15 that killed a Murray man, David Devenport.The pre-sentence report by AP&P recommended that Payan be sentenced to serve a zero-to-five-year prison term.
Defense attorney Gary Gayle argued the recommendation is incorrect, that AP&P officers equated Payan's driving his vehicle to using a dangerous weapon in the commission of a crime.
Payan was originally charged with criminal negligence in the incident, a charge reduced to automobile homicide, a third-degree felony. Gayle argued that by pleading guilty to automobile homicide, the criminal element was removed from the charge.
Payan was southbound on I-15 when his vehicle went out of control, crossed the median near North Salt Lake and crashed head-on into Devenport's vehicle, killing him instantly.
The automobile homicide charge to which Payan pleaded includes a stipulation that he was driving while impaired by either alcohol or drugs.
At the sentencing hearing Tuesday, Gayle asked Judge Douglas L Cornaby to refer the case back to AP&P for a new evaluation and recommendation. He also asked Cornaby to order the weapon enhancement removed from the AP&P evaluaton.
Cornaby agreed to continue the sentencing hearing to Oct. 9, but said he won't order AP&P to change its recommendation.