Timothy Considine has been sentenced to one to five years for failing to render aid after an accident causing death.
Considine was indicted in 2018 on one count of driving while in an impaired state causing death and one count of leaving the scene of an accident causing death. He pled guilty under Greenbrier County Circuit Court Judge Jennifer Dent on Friday, Aug. 13.
According to Assistant Prosecutor Bethany Burdette on Aug.13, on “about June 29 of 2018, on the western end of Greenbrier County, there was an ATV accident involving Mr. Considine, with [him] being the driver. At the accident, the victim Curtis Johnson was injured and, in fact, killed. … Mr. Considine had reason to believe, at the time of the accident that he caused, that Mr. Johnston was injured. He declined to render any kind of aid and … then he left the scene of the accident, as evidenced by the 911 caller picking him up approximately a mile and a half away from the victim.”
Considine pled guilty to count two, felony leaving the scene of an accident causing death. After this, Burdette moved that the first indictment be dismissed. Considine was allowed to remain on bond until sentencing on Monday, November 29.
During the Monday hearing, Defense Attorney Michael Whitt spoke on Considine’s behalf.
“What’s most noticeable on the autopsy report for this case is that the injuries that [victim number one] received at the time of the accident were catastrophic and unsurvivable. Despite the fact that Mr. Considine did not render aid, [victim number one] did not suffer because of that. … He had a crushed chest, his neck was broken, and he had a head injury. He had already lost his life immediately at the time of the accident. The family has been destroyed by this. … I frankly think a prison sentence for Mr. Considine, given his age and his health situation, would amount to a death sentence. I don’t say that to exaggerate the situation at all … in a prison setting, a cloister environment, and a COVID-19 outbreak, he’s going to die. … “[He has] virtually no criminal history, other than a DUI in 2017, I believe. Clearly there’s some alcohol issues here, and Mr. Considine has, since this matter has been pending, attempted to address that. … I think the goals of sentencing can be accomplished by placing him on probation and ensuring he continues with alcohol treatment.”
Whitt also highlighted the effect the event has had on the families of Considine and the deceased victim.
“This situation was a tragedy for this family, without question. There were three people involved in the accident. Mr. Considine, [victim number 1], who tragically lost [their] life, and [victim number 2]. They, all three, the evening prior to the accident, had been together socially at a vacation property, essentially. Mr. Considine visited in the summer virtually every year and spent several weeks there. … They gathered there, socialized, and took a ride on a four-wheeler that ultimately led to the tragic accident. … This is one of those occasions when we could have put the three names in a bowl, shook them up, and whoever got in what seat on the four wheeler could be the defendant, the victim, or the person who sort of got away and escaped.”
Greenbrier County Prosecuting Attorney Patrick Via spoke in favor of a sentence of incarceration.
“The charge is failure to render aid and, while I don’t necessarily disagree with Mr. Whitt … that no amount of aid would have made any difference, that much is true, [Considine’s] leaving the scene of an accident, the state can only categorize as egregious,” explained Via. “Mr. Considine was drinking. … The accident occured. The victim was dead [or dying] on the side of the road, and Mr. Considine not only left the scene, there’s no indication he attempted to notify the authorities after the fact. 911 dispatchers were notified by a third party … that actually gave [him a ride], not knowing what happened. It was only [the third parties’] decision that led to the 911 call. … When questioned about what had occured in his initial statement to law enforcement, he … had no recollection of being with [victim number one]. … It was leaving the scene, failure to make any effort whatsoever to notify authorities to what had happened, and then not even acknowledging the substance of the accident when questioned. … Despite [his] health conditions, the circumstances of this event are so egregious that I can’t imagine … Mr. Considine being sentenced to a probationary term. … This is not an isolated incident in regards to alcohol abuse. … The [staff of the Division of Corrections] are capable of dealing with medical issues.”
The defense offered one last rebuttal before sentencing began.
“When Mr. Considine was picked up by the [third party], they drove by the accident scene,” Whitt said. “[The third party shined] a light into the accident scene. He then dropped Mr. Considine and [victim number two] off and said he would call 911. That’s where the call came from. … That explains it a little bit. … He had just been through a traumatic event, he was banged up.”
Dent then decided upon the sentence.
“Your substance abuse history is obviously the problem here. … There was alcohol at the time of the incident and at the time you left the scene of the accident causing death. Quite frankly, Mr. Considine given the nature of this offence and the death of an individual as a result thereof, and you’ve left the scene of the accident that caused the death of an individual, it’s a totally irresponsible act. … I do not believe that you are a candidate for probation or any type of alternative sentence. Therefore I’m going to sentence you to the penitentiary of this state for not less than one year, no more than five years. I am not going to impose a fine, as incarceration will be immediately and you will be remanded.”
