Charles City man sentenced to up to five years in prison for OWI traffic fatality

By Bob Steenson, bsteenson@charlescitypress.com

A Charles City man who was charged with causing a head-on traffic accident death by driving while intoxicated has been sentenced to serve up to five years in prison.

Timothy James Hoy, age 59, had been charged with four felony counts including homicide by vehicle, operating under the influence, a Class B felony, for the incident that occurred near Nora Springs last summer that killed a Mason City man and injured two teenage boys.

Hoy was also charged with homicide by vehicle by reckless driving, a Class C felony; and two counts of serious injury by vehicle, Class D felonies, for injuries to the two passengers.

In April, Hoy had entered a written plea of guilty to the reduced charge of involuntary manslaughter – public offense, operating while intoxicated, a Class D felony; and to one charge of serious injury by vehicle – operating while intoxicated, also a Class D felony.

On Monday, Judge Chris Foy sentenced Hoy in Cerro Gordo County District Court. Foy followed the plea agreement sentencing recommendation, ordering Hoy to serve a sentence of no more than five years in prison on both charges, with the sentences to be served concurrently. Hoy was taken into custody immediately.

Judge Foy also ordered Hoy to pay the heirs of the victim $150,000 in pecuniary damages. Court records indicate Hoy’s insurance company had already paid $100,000. Foy also ordered Hoy to repay $7,579 to the Crime Victim Compensation Program

Hoy was also ordered to pay two $1,025 fines plus 15% surcharge on each, but both fines were suspended.

The original Class B felony homicide by vehicle charge and the other serious injury by vehicle charge were dismissed, as was a traffic charge of driving on the wrong side of the road.

According to a report by the Iowa State Patrol, Hoy was driving eastbound on 265th Street about 2 miles west of Nora Springs near Yarrow Avenue, at about 11:10 p.m. on July 25, while Stephen John Miles, age 41, of Mason City was driving westbound.

Hoy’s 2013 Nissan Altima crossed the centerline, crashing head-on into a 2005 Pontiac G5 being driven by Miles, the State Patrol report said.

Miles was pronounced dead at the scene. Two teenage passengers in Miles’ vehicle were transported to MercyOne-North Iowa Medical Center in Mason City.

According to the criminal complaint filed in Cerro Gordo County District Court, a blood test showed that Hoy’s blood alcohol level was 0.179%, which is more than twice the legal limit of 0.08%.

According to a statement filed by Hoy’s attorney, Judith O’Donohoe of Charles City, “Mr. Hoy had a concussion as a result of the accident and has no memory of it. He acknowledges from the evidence that the point of impact was over the centerline and at the time of driving, he was under the influence of alcohol.”

According to the Cerro Gordo County Attorney’s Office in a motion to dismiss the other charges, the dismissals and the plea agreement were discussed with Miles’ family and they do not object.

“The plea agreement guarantees the state that defendant will be going to prison at least for a term of up to five years, and possibly up to ten years. On the other hand, the plea agreement guarantees the almost-sixty-year-old defendant that he will not be going to prison for a term of up to twenty-five years, and possibly up to thirty-five years, or essentially the rest of his life,” the court document states.

“Additionally, the Plea Agreement spares the decedent’s son who is also the victim in Count III from having to testify, and re-live the trauma caused to him by his father’s death and the collision that caused it and his own serious injuries,” the motion to dismiss concludes.