Stewart gets prison term in teen’s death

By DORIS COOK - Staff Writer
Star Beacon

June 07, 2008 01:09 am

— JEFFERSON — Nineteen-year-old Kalen J. Stewart of Ashtabula will spend the next two years in prison for the pedestrian traffic death of Latasha M. Moore of Ashtabula. Common Pleas Judge Gary Yost gave the defendant a concurrent sentence of two years each on two counts of involuntary manslaughter.
Upon release from prison, Stewart will be on three years of community control with the Ohio Adult Parole Authority. He will be able to request judicial release after serving six months of the prison term, according to defense attorney, Patrick DeAngelo.
Stewart was represented by DeAngelo and a second lawyer, Craig Bashien. County Prosecutor Thomas Sartini represented the state at the sentencing in Yost’s courtroom.
The courtroom was filled with friends and family members of Stewart and the teen victim. At the time of the traffic death, Moore was 14-weeks pregnant and attended Lakeside High School.
The victim was crossing Route 20 near Station Avenue in the city when hit by Stewart’s car. Ashtabula city police investigators said Stewart and another unidentified juvenile were speeding eastward on Route 20 at the time.
Before the judge sentenced the defendant, DeAngelo asked Yost to consider a lighter sentence. Yost replied he’d reviewed a sentencing memo, DeAngelo sent him to consider.
DeAngelo requested Stewart be given restrictive community control punishment, not prison. However, County Prosecutor Thomas Sartini argued for the judge to first consider the seriousness of the tragedy.
Sartini said that Stewart’s reckless driving and speed resulted in death for Latasha Moore and her unborn child. He termed Stewart’s driving on as a form of street racing.
Witnesses at the scene told police the defendant was observed speeding as he came to the intersection. Stewart told the police of driving 55 mph and failed to see Moore.
DeAngelo said Stewart did not flee after hitting Moore, but showed remorse and cried as police questioned him. He kept insisting Stewart has taken responsibility for what he did and is remorseful.
DeAngelo spoke briefly of the mitigating factors in the traffic fatality case. The victim was struck crossing the four-lane street contrary to the traffic control signals, he said.
Stewart had two previous speeding charges before that fateful day nearly a year ago. DeAngelo continued to implore Yost to “not throw him to the state’s penal system.”
“Nothing can be changed as to what happened that day. This tragedy could have happened to any family,” he remarked.
“Let’s stop shifting blame ... another driver or the victim,” Sartini said.
“Anything less than a prison term is not justified. Prison is harsh on young and old. There is the loss of two people here,” he said referring to Moore and her unborn child.
Sartini sought Yost to hand down the two-year prison terms on both involuntary manslaughter charges. Stewart in March pled guilty to the negotiated plea agreement of lesser offenses. The prosecutor’s office dismissed several other felony charges.
Sartini told Yost that Moore’s family had statements to make. Stewart’s mother also was present, but did not speak.
Moore’s mother, Lolita Moore rose slowly from the court gallery to speak. Looking at Stewart, who gazed back, the mother said tearfully, “Oh! Lord help me. This was an accident. You did not want to speed. Your mom, I can feel her pain.”
“You’ll never feel my pain of losing a child. Remorse is not going to help. I want him (Stewart) to sit down and think. I want him to pay for what he did,” she said.
The victim’s father, Tim Moore, said since losing his daughter, the couple have questioned everything they did in the short span of Latasha’s life.
“It was not our fault it happened,” he said adding how mistakes can cost a life like in this tragic case.
As the couple made their statement, Stewart bowed his head wiping tears from his eyes.
“I ask the court to be fair. We speak for my daughter, she’s not here. She’s gone ... she’s gone. Mr. Stewart you’ll have to pay for your mistakes. This is a crime,” Tim Moore said.
After sentencing, Stewart was immediately handcuffed by sheriff jail administrator, Lt. Terry Mosio and led from the courtroom. The Moore family group was ushered out first with some people sobbing. Following were a contingent of the defendant’s family and youthful friends, who also had been crying in the courtroom.