By Mark Hansel
NKyTribune managing editor
A Cincinnati man who fled the scene after an accident that resulted in the death of a six-year-old boy in Covington in 2017 was sentenced to five years in prison Thursday.
An attorney for Christopher Wells said his client feared for his safety when he left the scene after hitting Eli Kindt while driving a truck in a Latonia neighborhood last year.
Wells, of Cincinnati, pleaded guilty to leaving the scene of a fatal accident, a Class D felony, and faced a sentence of one to five years in prison.
Kenton County Commonwealth’s Attorneys say Wells, who tested positive for methamphetamine, fled to avoid being questioned by police. They contend that he showed a complete disregard for the welfare of the victim, and that he should receive the maximum sentence.
Thursday Circuit Judge Gregory Bartlett agreed, and sentenced Wells to five years in prison.
He will be eligible for parole after serving 15 percent of his sentence.
Some felt Wells should have also been charged with a crime related to Kindt’s death. Kenton County Commonwealth’s Attorney Rob Sanders released a statement saying the charges were based on the evidence.
“Christopher Wells is being held accountable for compounding the tragedy of Eli’s death by fleeing the scene,” Sanders said. “Had there been proof Mr. Wells caused Eli’s death there would have been additional charges and a longer sentence. Our thoughts and prayers remain with Eli’s parents, family, and friends with hopes that some sense of justice helps ease the pain of losing such a wonderful little boy.”
Family members applauded after Bartlett handed out the sentence, but declined to comment after the proceedings.
Kindt was riding his bicycle on E. 32nd Street in Latonia on October 6, 2017, when he was struck and killed by the truck Wells was driving.
Video from the scene shows a passenger in the truck got out after the accident, and while there were several people in the area, the man was not harmed and got back in the vehicle, which then sped off.
When police caught up with Wells, he refused a blood sample, but after obtaining a search warrant, blood was obtained and the methamphetamine was discovered in his system.
Wells’ attorney, Harry Hellings, said the his client was taking medication for acid reflux that could result in a false positive for methamphetamine.
Jason Barnes, Kindt’s stepfather, spoke at the sentencing hearing and called on Bartlett to issue the maximum sentence.
“What could you possibly do worse than leave the scene of a fatal accident, than leaving an innocent child laying in the street, with his parents dealing with a nightmare behind it?” Barnes said. “There’s no worse case – five years seems like nothing to me.”
Barnes choked back tears as he described the impact the death of Kindt has had on the family.
“A family broken, holding on by only the other children, a mother living in the worst condition,” Barnes said. “He could have just stopped, he could have slammed on the brakes…he could have not been high.”
Assistant Commonwealth’s Attorney Maria Schletker read from a statement prepared by Casey Jones, Kindt’s mother, who was too upset to speak. In the note, she described her son as a sweet caring little boy who “loved his family more than anything.”
“Now we have to go on with our lives without him” Schletker read. “You tore our family apart and it doesn’t seem like you have any remorse.”
Schletker also talked about the victim-impact statement family members filled out, but said there is no way to fully express the impact this incident will have on them.
“There is no amount of time that will heal this,” Schelcter said. “But what’s fair in this case, and what the Commonwealth believes is the appropriate sentence is the maximum of five years. This defendant attempted to flee from the area where he killed a six year old.”
That action clearly resonated with Bartlett as he handed down the sentence. He said the “mob reaction,” that Hellings suggested mitigated the decision by Wells to flee was not supported by the evidence.
“I didn’t see it,” Bartlett said. “I didn’t see it on the video and apparently the passenger didn’t (support) that.”
Bartlett also questioned Wells’ actions after he was apprehended by police several blocks away.
“Why did the defendant, if he was just innocent of any cause of the death, why did he refuse the drug test?”
Hellings said Wells contacted an attorney that advised him not to submit to the test.
“Maybe that was good advice, maybe that was bad advice,” Bartlett said.
Schletker said that in an interview with police Wells also admitted to having recently smoked meth.
Bartlett wondered aloud if the drugs in Wells’ system were a factor in the accident.
“Maybe this was a terrible accident, I’m not so sure,” Bartlett said. “If he (wasn’t), in fact affected by meth, could he have stopped.”
He then explained why he felt the maximum sentence was justified in this case.
“A one-year sentence would be appropriate where a person hits someone and knocks them down and they break a leg or something, and they don’t stop,” Bartlett said. “We have a death here, so what would be a factual scenario worse that would warrant five years? I can’t think of one.”
Hellings declined to comment on the sentence.
Contact Mark Hansel at mark.hansel@nkytrib.com