The man who struck and killed bicyclist Divanté Coles on Earl L. Core Road in July 2018, was sentenced to prison on Monday.
Ladon Garrett, 40, of Randallstown, Md., was sentenced to serve one to five years in prison by Monongalia County Chief Circuit Court Judge Susan Tucker.
She said the most damning fact was Garrett’s windshield, which was damaged on the driver’s side, where some of Coles’ hair was found.
“You knew someone or something had been hit and you didn’t stop to see what could be done,” Tucker said. “I have no information about whether or not that might have saved his life. That’s not the issue. The issue is you hit this young man and you didn’t stop to check on him.”
Garrett was charged with, and pleaded guilty to, leaving the scene of an accident involving death, also known as “Erin’s law.” Erin’s law was passed in 2010 in response to the death of Erin Kenner, a WVU student killed in a hit-and-run. Her killer has never been found.
Almost 20 of Garrett’s friends and family were in court to support him and Tucker’s sentence prompted an outburst of emotion from several of them.
Garrett said he reached out to Coles’ mother — against the advice of his attorney, Joseph Spano — not long after the collision to apologize and said he couldn’t imagine the pain of losing a child. He also told Tucker he has three daughters he adores.
Spano asked his client be given probation or home confinement and highlighted Garrett’s consistent remorse over Coles’ death and his work with kids to prevent them going down the wrong path as reasons incarceration wouldn’t benefit anyone.
Prosecutor Perri DeChristopher asked Tucker to sentence Garrett to the statutory one to five years.
She highlighted the damage to Garrett’s vehicle — cracks on the driver’s side windshield and a broken headlight — and said Garrett had to see Coles’ body as it impacted the windshield.
DeChristopher said Garrett’s representation of what happened that night during a psychological evaluation didn’t match with reality. Garrett claimed Earl L. Core Road was a dark country road and he had no place to pull off.
She also pointed out Garrett’s extensive criminal history starting in 1998. Garrett has convictions for a federal cocaine charge, domestic battery, petit larceny and more.
“There is really no other lesser alternative that I think would be appropriate in this particular case,” DeChristopher said.
Before Garrett was taken into custody, Spano asked if his client could report to jail on Wednesday because he has a probation violation hearing in Allegany County, Md., today.
DeChristopher opposed that request and Tucker denied it.
