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The second of two drivers involved in a January auto-pedestrian accident in Layton that killed one teenager and injured another has resolved her criminal case.
Julia Rose Nielson, 38, of Layton, pleaded guilty as charged last week in 2nd District Court to one count of class C misdemeanor improper lookout in connection with the death of 17-year-old BaiLee DiBernardo — who was hit while in a crosswalk.
Judge Robert Dale sentenced Nielson to 18 months probation, which included 90 days in jail. But the judge suspended all but five days of the jail time and, further, allowed Nielson to substitute 10 days of home confinement with an ankle monitor for the five days behind bars.
She also must pay a $500 fine, complete a defensive driving course and pay $175 fee for her public defender.
Nielson was the second driver to hit DiBernardo, who at about 7:24 a.m. on Jan. 11, was in a crosswalk at 199 N. Fort Lane, along with fellow Layton High School student Eric Baarz, 17.
Last month, the first driver, LeRoy James Clark, 32, of Clinton, pleaded guilty as charged to one count each of class C misdemeanor careless driving, and failure to yield to a pedestrian, an infraction.
Dale sentenced Clark to two days in jail, as well as 58 days of home confinement. Clark also must pay a $700 fine and complete a four-hour defensive driving course.
Assistant Layton City Attorney Steven Garside has said that Clark was distracted by trying to retrieve a dropped drink or food item, which was the the basis for the careless driving count.
Clark's vehicle hit both DiBernardo and Baarz, who suffered non-life-threatening injuries.
DiBernardo was then hit again by a southbound SUV driven by Nielson.
Prosecutors said the drivers could not be charged with harsher crimes due to the lack of criminal intent.
Garside said Utah has taken the approach that if there is no criminal intent, a traffic offense — such as running a stop sign — should not be dealt with more harshly because someone was injured as a result.
If one of the drivers had been speeding, or otherwise exhibiting criminal negligence, the charges may have been different, Garside has said.
DiBernardo's death also was complicated by the fact that the medical examiner could not determine which of the two vehicles caused her fatal injuries, Garside has said.
Assistant Layton City Attorney Nicholas Mills said Tuesday that DiBernardo's mother said at Nielson's sentencing hearing that no punishment could equal the pain she felt for the loss of her daughter.
Nielson was apologetic, Mills said.