After taking all considerations from both defense attorney Bill Deatherage and Commonwealth’s attorney Carrie Ovey-Wiggins Wednesday afternoon, Trigg County Circuit Court Judge C.A. “Woody” Woodall III sentenced Christopher Swykert to five years probation — regarding a June 2020 DUI murder of 19-year-old friend, Houston native and Fort Campbell soldier Harry Kincaid.
State police detailed Swykert’s charges stem from a June 20 incident of last year, when he was driving with Kincaid as a passenger along the Trace in Land Between the Lakes. Swykert reportedly failed to navigate a curve and ran off the road. Kincaid died in the crash.
In Wednesday’s pre-sentencing arguments, Deatherage noted the two friends were in a situation all too familiar to young adults — filled with bad decisions, bad timing and bad luck.
Woodall allowed Swykert, who’s already been incarcerated and on house monitoring, a moment to reflect.
Ovey-Wiggins addressed that this was, without question, a tragic case. But given all of the details — including a letter from the victim’s father, Tom Kincaid, provided by the defense supporting a lesser charge of reckless homicide and probation — the precedent was too much, and the loss of life too great.
Woodall said he had to take several factors into account: Mr. Kincaid’s letter, the Commonwealth’s attorney enforcing rules for prevention, the defendant’s criminal history and lack thereof, the total facts and circumstances of the case, the premise of deterring future cases and others who have similar situations.
In doing so, Woodall sentenced the probation — which will require Swykert to not be charged with or commit any other offense, not to use alcohol or illegal drugs, to work, to follow a probation officer’s advice, to submit to random drug screens and to pay DUI-related fines and fees court costs equaling $793, which Swykert offered to pay this Friday.
Ovey-Wiggins asked that Swykert be required to discuss with school and community groups the risks of drinking and driving as soon as possible. Swykert agreed to those terms, as did Woodall, and the judge amended his sentence to require proof of completion of at least two presentations within the next 12 months.
A trial date for Swykert had been set for 9 a.m., August 8, 2022, but this ongoing plea agreement rendered it moot.
