diocese Families share pain of loss in court, propose unusual sentence for drunk driver

LIZ CHANDLER lchandler@charlottediocese.org

CHARLOTTE — Grief, remorse, imperfect justice and a chance to make amends played out in a Mecklenburg County courtroom March 23 as a judge ruled in a drunk driving crash she called “one of the most tragic cases I’ve heard.”

The crash killed two women strolling together on a sidewalk – one a young immigrant mother, the other a Catholic Charities volunteer who was teaching her English.

It also upended the promising young life of the 21-yearold driver, James William Payne, who now will spend 16 to 29 months in prison, depending on his behavior, to be followed by 36 months’ probation.

The victims’ families were offended by the sentence: a mere 16 months for recklessly causing two deaths. Even the prosecutor acknowledged the plea bargain “doesn’t begin to cover their losses,” but explained that under North Carolina sentencing guidelines it was possible Payne could have received no jail time if the case had gone to trial.

“I’ve been working as a judge for 15 years, and this is by far one of the most tragic cases I’ve heard,” Mecklenburg Superior Court Judge Karen Eady-Williams said of the Feb. 15, 2022, crash in east Charlotte.

“Two families lost loved ones – who were wives and mothers – then you have a young man who made a horrible decision to drink and drive and now here he stands about to go to prison at age 22. There are no winners in this.”

The judge then set the sentencing guidelines aside and ordered an additional penalty: Every three months during his three years of probation, she ruled, Payne must visit a school to tell his cautionary story to students who are not much younger than he is – in hopes that he might save lives in the future.

“Thank you, Your Honor!” one of the victims’ family members called out in the courtroom.

“You were 21 when this happened because of your poor choices,” the judge told Payne. “Speaking to high school or middle schools about the dangers of drinking and driving and the consequences … will make an impact.”

The novel sentence, she said, came at the suggestion of Christopher and Melissa Fernandez, whose mother, Dina, 75, was killed in the crash. A former nurse and devout Catholic who was always helping others, their mother believed strongly in “restorative justice,” which focuses on rehabilitating offenders through reconciliation with victims and the community.

More Serious Charges Dropped

In his deal with prosecutors, on the monthly occasion called “Homicide Day” when killers are cycled through Mecklenburg County Superior Court, Payne pleaded guilty to two counts of involuntary manslaughter. More serious charges – two counts of felony death by vehicle, which carry more prison time – were dismissed.

Prosecutors said Payne admitted to drinking two to three shots of alcohol on the morning of Feb. 15, 2022, and continued “sipping” that day, when he got behind the wheel. A little before 3 p.m., he was speeding and weaving through traffic on East W.T. Harris Boulevard when he clipped a pickup truck and sent it careening onto the sidewalk where Dina Fernandez was walking with her student, Nabila Rasoul, 23. Rasoul had escaped Afghanistan with her family just a few months earlier and was resettled in Charlotte by Catholic Charities.

Prosecutors said Payne’s blood alcohol level was .12, over the legal limit of .08. He was driving an estimated 60 mph in a 45-mph zone.

Seated at the defense table, Payne sobbed, his shoulders heaving. He held his head in his hands and lifted his glasses to wipe away tears as the families read “victim impact statements” to the court.

Ahmad Rasoul wept as he described how he and his family had survived suicide bombings, explosions and Taliban rule in Afghanistan. He had “breathed a sigh of relief” when they arrived in the United States, only to see his wife Nabila killed in a senseless crash a few months later. She left behind a 4-month-old baby, and two other children aged 2 and 4.

“My Nabila is gone from our lives,” Rasoul said, his voice breaking. “The heat of her distance is forever painful for me and my children … (My son) is afraid of things that might hurt him or our family. My daughter still cries for her mom a year after her death. I have no one to help me every day with my three young children, to feed, bathe, brush teeth, change diapers, clean house, and laundry, or help when they are sick. And I am very lonely!”

Dina’s husband, Peter Fernandez, told the judge about the moment he got the news of her death:“When the police officer came to my home and announced to me that my wife died due to a car accident, I screamed at him saying that it could not be Dina,” he said, crying. “I ran through the house screaming that it couldn’t be true.”

In the impact statements, the Fernandez children asked the judge to order Payne to do something good: to tell his story to young people so they might learn from his crime.

‘JARRING PUNISHMENT’

Payne addressed the court, too, with a dozen family and friends filling two rows at the back of the court. Many of them also wept. When the judge asked a series of questions to be sure Payne understood the plea deal, unlike many defendants before him that day, he repeatedly responded: “Yes, ma’am.”

“I would first like to apologize to the families,’’ Payne told the court. “I was being irresponsible and I never should have been behind the wheel that day. I never should have been speeding down W.T. Harris where I struck the truck that killed two people. … I want to stay sober, to be sure nothing like this ever happens again.”

His lawyer said Payne was born to a substance-abusing mother and adopted as an infant. Despite some lingering health problems, he went on to graduate from Butler High School and establish a solid work record of three years at Sam’s Club. He recently completed a 30-day substance abuse treatment program, regularly attends AA meetings, and sought counseling for his own grief.

23, Fernandez reads his victim impact statement during the sentencing of the man who caused the crash.

“We understand the victims’ families, the Rasoul family and Fernandez family, are unsatisfied with the amount of (prison) time here,” Payne’s lawyer Chris Fialko said. “But I would submit that the plea deal is going to give some jarring punishment to my client. For 16 months, he is going to be in prison. Then, three years’ probation will help him help himself.”

Judge Eady-Williams acknowledged those positive factors helped mitigate Payne’s crime. She also emphasized how everyone who had written letters in support of Payne’s character “apologized for the tragedy.”

“I see a lot of death and violence in this courtroom, and I rarely see such remorse from the families of the defendant,” the judge said.

Then, Payne was handcuffed and led away.

Outside the courthouse, after the sentencing, TV crews interviewed victims’ families.

Both families had good news earlier in the week. The Rasoul family was granted asylum to stay in the U.S. And the Fernandez family signed papers establishing an endowment at Queens University to honor Dina, a graduate. The endowment will pay for emergency expenses and internships for international students.

Dina’s daughter Melissa said she took a small measure of comfort from seeing Payne’s obvious remorse in the courtroom. She was grateful the judge had taken her family’s suggestion for the young man to begin making amends for his crime – and she thought her mother would be pleased, too.

“I have a daughter his age,” she said. “It made me feel just a little better.”

Young people from individual families and 26 parishes gathered March 25 for the Bishop’s Youth Pilgrimage at Belmont Abbey College. They enjoyed talks geared for specific age groups and music from Catholic singer Tori Harris Gray. Highlights of the event included Mass and a Eucharistic procession and Adoration led by Abbot Placid Solari.