Driver gets eight years in death of bicyclist

A Friendsville man who pleaded guilty for his role in the death of a bicyclist was sentenced Monday to the maximum term of eight years in prison.

Tommy Lee Carroll of Friendsville entered the plea in May to a charge of aggravated vehicular homicide. He was charged after hitting and killing bicyclist Jeffrey Roth with his car in August of 2006. Roth was cycling on Highway 321 in Blount County.

At his sentencing hearing, Carroll reached out to Roth's family.

"I feel so bad. I take full responsibility for taking your husband's life and him away from his kids," 48-year-old Carroll said.

Prosecutors charged Carroll was on several medications at the time of the wreck, impairing his ability to drive.

Witnesses say after Carroll hit Roth with his truck he drove the wrong way down the highway and ran into another truck.

A good samaritan finally stopped Carroll by pulling his vehicle into Carroll's path.

Last month, Carroll pleaded guilty to aggravated vehicular homicide, after originally being charged with vehicular homicide. On Monday, Carroll was hoping for probation so he could keep on working to support his family but a judge instead sentenced him to eight years in prison.

"If I could die today and bring your husband back to his children and to you, I would, God knows I would," said Carroll.

"I appreciate he's sad my husband is gone," Roth's widow Kathy Roth testified. "I appreciate he thinks about my daughters. I am saddened I didn't see any responsibility for the overtaking of drugs or intoxicants."

Roth talked about life without her husband and how her daughters are still trying to adjust. One has panic attacks in her classroom, has increased anxiety, and has guilt enjoying life now.

Carroll said it was a seizure that caused that deadly accident two years ago.

Prosecutors pointed out that toxicology tests showed high levels of prescription medications in Carroll's system, beyond what would be considered therapeutic.

Investigator Michael Braden with the Maryville Police Department also testified that he learned Carroll had been charged with vehicular homicide in 1979. The case was eventually dropped.

Officer Braden told the court that the District Attorney General at the time didn't think it would stick, because Carroll said he had a seizure.

On Monday, Carroll denied he ever said that. He told the court his first seizure was in the mid 1990s.

When making his sentencing decision, Judge Mike Meares also took in consideration Carroll's past criminal history, which included a marijuana and shoplifting conviction.

Judge Meares said this was a serious offense, and the fact that Carroll was on prescription medication while driving doesn't make it less of a hazard.

He said Carroll not only took Roth's life but put the public in danger and showed a total disregard for the well-being of others.

"The court is left with no other conclusion from this proof in its entirety that you will be required to serve this sentence in custody," Judge Meares said.

"Certainly, we're disappointed. We were hoping to convince the judge to do something less than have him serve out this term," said Steve Ward, one of Carroll's attorneys.

Kathy Roth asked a family spokesperson to speak on her behalf after the proceeding.

"Kathy and her family are very happy with the verdict with the sentencing. We felt it was important Mr. Carroll serve time and show some responsibility for the accident. She's very happy and we reflect that," Keith Webb said.

Since the accident, Roth's wife created the Jeff Roth Cycling Foundation. Its goal is to promote cycling through advocacy and education.

It also includes spreading the word about the Jeff Roth/Brian Brown Bicycle Protection Act of 2007. The law signed by Governor Phil Bredesen on May 3, 2007 requires three feet clearance between a motorist and cyclist when passing.

The group is now working on a specialty license plate.

With photojournalist Jacob Nagel