Colfax woman sentenced to 5 months in jail, 5 years probation for hit-and-run

By LeAnn R. Ralph

MENOMONIE — A 37-year-old Colfax woman accused in the hit-and-run accident last December involving the owner of Mom’s Restaurant and Pub, Linda Salazar, has been sentenced to five months in jail and five years of probation.

Jami A. Golden appeared in Dunn County Circuit Court with her attorney, Christopher R. Bub, for a sentencing hearing before Judge Rod Smeltzer May 2.

Judge Smeltzer accepted a plea deal for Golden and found her guilty of an amended felony count of second degree recklessly endangering safety for the hit-and-run accident the morning of December 9 that left Salazar with ten broken ribs, a concussion, a broken arm, and a broken leg, ankle, and pelvis as well as internal injuries.

Golden originally was charged with two felony counts of hit and run involving great bodily harm and reckless driving causing great bodily harm.

Golden also was issued traffic citations for operating a vehicle without insurance; failure to notify police of an accident; and obstructed driver’s vision front view (frost on the windshield).

According to the criminal complaint filed in Dunn County December 27, Golden was charged as a “repeater” on both felonies because she was convicted in September of 2014 in Dunn County on one felony count of delivering methamphetamine.

Judge Smeltzer dismissed the count of hit and run involving great bodily harm and also dismissed the traffic citations as part of the plea deal, withheld sentencing, and as a condition of the five years of probation, imposed five months of jail time.

Judge Smeltzer ordered Golden to pay restitution to cover out-of-pocket medical expenses not covered by insurance.

As of the May 2 court hearing, the amount for restitution was $3,962.43, although the amount was expected to be more after additional medical costs have been finalized.

Salazar was hospitalized in intensive care for about three weeks in Eau Claire and then spent another three months at Mayo-Bloomer.

A restitution hearing is scheduled in Dunn County Circuit Court August 15.

Second degree recklessly endangering safety is a Class G felony that carries a maximum fine of $25,000 and/or up to ten years of incarceration.

Statements

Two family members asked to make statements to the court.

Rosie Muckley read a statement written by Angie Winslow, Salazar’s daughter.

Winslow wrote that she woke up the morning of December 9 to a message that “Mom was hit by a car.”

Salazar was walking to the restaurant she operates with family members at around 5:30 a.m. that morning and was struck by Golden as Salazar crossed Main Street in Colfax at Fifth Avenue near Dollar General.

The accident, Winslow wrote, has left Winslow “mentally, physically and emotionally drained” and has left her feeling like she is “failing” at the job of running the restaurant and at living her life.

Winslow suggested that if Golden had let her car run for five minutes to defrost the windows, and if she had spent $5 on windshield wiper fluid that prevents fogging and icing, the accident could have been prevented.

Mike Houser, Salazar’s son, told the court the out-of-pocket expenses would be increasing, that the restaurant had incurred additional labor costs because Salazar could not work, and the stress that family members were feeling had created “customer issues” at the restaurant.

Houser also told the court “a civil lawsuit is a possibility.”

Prosecution

The sentencing of Golden must consider the seriousness of the offense, the character of the defendant and the need to protect the public, said Andrew Maki, Dunn County assistant district attorney.

Golden drove with her windows fogged up, struck Salazar, caused serious injuries, and Salazar has not been able to return to work, he said.

Golden stopped briefly, thought she had hit an animal, and then drove off. State statute requires drivers to stop and render aid, Maki said.

Golden then drove to work, became concerned she had hit a person and returned to Colfax. She was not under the influence of an intoxicant or a controlled substance. Golden did not intentionally cause harm, but she was reckless, he said.

Golden has a criminal record for methamphetamine, has served jail time, is currently on probation, has been convicted of a fourth-offense Operating While Intoxicated and has two convictions for resisting or obstructing an officer, Maki said.

Maki recommended seven months of jail time, five years of probation and noted that Golden still has about a year-and-a-half of current probation left.

Defense attorney

The accident was a tragedy but does not mean “a heinous criminal” act had been committed, said Bub, Golden’s attorney.

Golden was careless and negligent, and the sentence should be proportional to the crime, he said.

Bub said his client was driving in the early morning when it was dark and with a fogged up windshield but was not intoxicated or impaired and was not “joy riding,” but instead was driving to work.

Golden was working at the time but lost her job and has already spent an additional five months in jail. She could not work part-time and take care of her mother while serving additional jail time, Bub said.

Golden must live with the stigma of the accident and a felony conviction in a small community, he said.

If the judge sentences Golden to more jail time, Bub said he would ask the court to delay the jail time until November so Golden could continue to care for her mother until her brother has time to help. Golden’s brother is busier in the summer, he said.

Golden has written a letter of apology, but as her attorney and in view of the mention of a civil lawsuit, Bub said he was advising Golden to not give the letter to the family.

Golden also has written a letter to the court and is a graduate of treatment court, Bub noted.

Bub described the situation as “a painful time for everyone involved.”

In her letter to the court, Golden asked that the judge “please believe I am not a bad person,” that  she has “come a long way” and ended by saying, “I would ask that you extend leniency on me.”

Judge

Judge Smeltzer acknowledged he knows the people on both sides of the issue and said he has eaten at Mom’s Restaurant and Pub.

Salazar was present in court, and when Judge Smeltzer asked how she was doing, she replied, “I’ve been better.”

Judge Smeltzer said Mom’s Restaurant and Pub has a solid business plan, and he expects the business will survive.

Golden has been through treatment court, which lasts about a year, and during treatment court, the judge said he meets with people every week who are addicted to methamphetamine and alcohol and whose lives “are a mess.”

Methamphetamine is a “real epidemic” in western Wisconsin that “makes the court cringe,” Judge Smeltzer said.

Golden struggled to get through treatment court, but Judge Smeltzer said he was proud of her for trying to manage her addiction.

Part of moving forward is “owning the past,” he said.

The judge said he respected Golden for her honesty and owning up to the fact that her windows were fogged.

Judge Smeltzer said he also believed Golden was sincere when she says she is hoping for a full recovery for Salazar.

Golden has tried to change, and Judge Smeltzer said he was proud of her for maintaining her sobriety.

Changing behavior is the “hardest thing” for people to do, he said.

Judge Smeltzer ordered Golden to pay $268 in court costs and a $250 DNA surcharge.

In addition, the judge placed Golden on probation for five years, concurrent to the current probation, and as a condition of probation, sentenced Golden to serve five months in the county jail, to start on November 1, 2017.

Judge Smeltzer also ordered Golden to pay restitution, with the current amount set at $3,962.43.

The amount of the restitution may be modified at the restitution hearing, Judge Smeltzer said.

The judge also informed Salazar she may want to consider “restorative justice” with Golden.

During her probation, Golden will not be allowed to vote in elections and will not be allowed to possess firearms.

Judge Smeltzer granted Huber privileges to Golden to care for her mother and to continue with any treatment.

The hour-and-a-half restitution hearing will begin on August 15 at 3 p.m.