On July 14th, 2007, Jerome Calevro and his wife, Maria Amelia, left Torrance CA on their way to Lake Tahoe with their children, Bernadette and Jerome.They were looking forward to spending vacation time at a time share at the lake. After hours in their pickup truck, they were almost to their destination. Meanwhile, south of Gardnerville, Dawn Miley sped past several cars, struck a roadside reflector, then overcorrected, careening into the path of the Calevro family. Her SUV struck the Calevro’s truck head-on, and the truck rolled. Emergency responders pronounced the family on scene and flew Miley via helicopter to the trauma center.
In December, Miley pleaded guilty to neglect of duty by self-medicating her diabetes without a doctor’s supervision, which is a felony. She had been driving with altered mentation secondary to “low blood sugar.” In her defense, Miley stated that she was not under a doctor’s care and could not afford health insurance, and that she had just had an argument before she drove off. She had been driving south on Highway 395 at a reckless speed, streaking past cars on the two-lane road. Ten miles south of Gardnerville, just south of Leviathan Mine Road, she struck the Calevros family, killing all of them.
On Monday, March 9th, Judge Michael Gibbons sentenced Miley to probation, 500 hours of community service, and he ordered her to pay $11,044 restitution to the victims’ survivors for funeral expenses. No jail time.
Court documents show that Miley had caused a three-car collision in 2002 in California injuring herself and six other people.
Here’s what Judge Gibbons said at the sentencing:
“You appear to be as remorseful as anyone I’ve ever seen. You have no criminal record. You had no health insurance at the time, and were not under the direct care of a doctor[...]Unfortunately, no one is here to speak for the victims, [as] they were all killed.”
Although Miley has a record of previously causing a significant accident, the judge apparently didn’t acknowledge this.
I am stunned that the sentence was as inconsequential as probation. Dawn Miley killed four people. She “self-medicates” herself. She had just had an argument and had traveled ten miles at high speed, driving recklessly, which sounds a whole lot like road rage, even if it did end up with low blood sugar.
Yes, Dawn Miley was diabetic. However, she made the conscious decision to medicate herself instead of seeing a doctor. I have a real problem with this. The court reports that Miley’s blood sugar was low. What was her blood sugar level at the scene? It’s never mentioned. What prescription drug was she using to irresponsibly self-medicate herself? If she is not under a physician’s care, how is she obtaining this medication?
The judge uses self-medication, secondary to lack of insurance, as a mitigating circumstance. However, many patients with psychiatric disorders self-medicate with alcohol and nicotine, because those substances help to stabilize them. Yet, if they were to get into a similar auto accident, they would be excoriated and sent to the big house for years. You might say, “Ah, but that’s different–that’s alcohol, and that impairs your thinking, and they chose to drink.” Well, improperly medicating one’s self and ignoring the fact of a preceding stressor which can precipitate a low blood sugar episode is also a choice. I see no difference here between the two situations.
Should Miley be punished because she is a diabetic? No, absolutely not. She should be punished because she exhibited a dazzling lack of responsibility or judgment which cost a family their lives.
Diabetes is an insidious, terrible disease, and it can evolve over time. Careful medical supervision is the only way to ensure the proper medication at the proper dosage. Over my many years as a paramedic, I’ve probably met over a thousand diabetics. The vast majority of them closely monitored their disease and were careful to administer the correct medications to manage it. Most of them drove, and yet, most of them were never in accidents due to low blood sugar. Why? Because they were responsible members of society who understood their disease and knew when it was safe for them to drive and when they needed to stay put. These diabetics took every reasonable and proper step to ensure that they were safe and that they didn’t endanger other people. That is a mitigating situation. Someone who takes all precautions, carefully manages themselves under the ongoing care of a physician, yet has a traffic collision–that’s an accident. Someone who doesn’t medicate correctly, self-medicates outside of a doctor’s control, and storms off after an argument–that’s not an accident, that’s an innocent family suffering from the consequences of irresponsible behavior.
An entire family was killed. Thousands of years of ancestry and bloodlines was snuffed out in a tragic blink. This is a family who’s entire existence has vanished, whose voices will never again be heard. My thoughts are with their surviving relatives, and I hope they eventually find peace and that the Calevros family gets justice.