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April 26, 2024

Elderly driver who hit 3 girls, killing 1, loses license

Sentencing for Alice Avala

Steve Marcus

A court marshal takes Alice Alava into custody for a walk-through booking during sentencing at the North Las Vegas Municipal Courthouse Thursday, Feb. 23, 2012. Alava was sentenced for an Oct. 21, 2011 auto-pedestrian accident that killed 6-year-old Amelia Decker and injured her friends Alyssa Mowrey, 5, and Rain Mowrey, 6.

Updated Thursday, Feb. 23, 2012 | 3:38 p.m.

License revoked for driver who struck three girls

KSNV coverage of an emotional trial for the woman who struck three girls, killing one, in October 2011 in a North Las Vegas crosswalk, Feb. 23, 2012.

Alice Alava sentencing

Alice Alava, center, cries while listening to a victim impact statement from Linda Decker, grandmother to Amelia Decker, before sentencing at the North Las Vegas Municipal Courthouse Thursday, Feb. 23, 2012. Alava was sentenced for an Oct. 21, 2011 auto-pedestrian accident that killed 6-year-old Amelia Decker and injured her friends Alyssa Mowrey, 5, and Rain Mowrey, 6. Launch slideshow »

Relatives of Mia Decker, the 6-year-old fatally struck by an elderly driver last October, told a judge Thursday morning about the girl’s sunshine personality and the dark hole her death has created.

They also made it clear they didn’t want vengeance against Alice Alava, the driver who hit Mia and her two friends, Alyssa and Rain Mowrey — all three of whom were walking in a marked crosswalk when the accident occurred Oct. 21, 2011.

“I have a hard time walking past the crosswalk,” said Kaelyn Corey, Mia’s 13-year-old sister. But she added: “I do not want the driver to go to jail because it won’t bring my sister back.”

North Las Vegas Municipal Court Judge Catherine Ramsey suspended Alava’s driver’s license for two years and ordered her to pay fines totaling $5,000.

Before the sentencing, Alava, who cried for much of the emotional court hearing, pleaded no contest to the misdemeanor charges: three counts of failure to yield the right of way to a pedestrian in a crosswalk, one count of failure to give full time and attention to driving and one count of failure to yield for a vehicle stopped for a pedestrian.

North Las Vegas Police said Alava, who was 78 at the time of the accident, was driving south in the right lane on Camino Eldorado, near Tropical Parkway, and failed to stop as she approached a vehicle halted in the left lane. As she continued, she struck the children in the crosswalk, police said.

Mia died several days later at University Medical Center. Rain, 6, and Alyssa, then 5, have been released from the hospital, but Alyssa suffered brain damage, their mother, Christin Mowrey, told the judge.

As Alava sobbed in the background, Mowrey described Alyssa’s transformation from a quiet, contemplative child to one who can no longer comprehend danger or social boundaries because of her injuries.

“The old Alyssa is gone, and it’s not that the new Alyssa isn’t beautiful because she is: She’s sweet and she’s loving … but she’s just not the same,” Mowrey said. “She’s completely different.”

“In some ways, she’s no longer 6,” her tearful mother said. “She’s regressed to 2 years old.”

Earlier in the hearing, Mia’s family members described the spunky, caring child and lamented how they would no longer be able to see her graduate high school, fall in love, get married or have children.

“My daughter’s life was cut short, and it kills me every day I don’t have her by my side,” Mia’s mother, Michele Terry, said.

Mia’s father, Christopher Decker, described his only child as “my life, my pal and my little princess.”

“That part of me is gone,” he said. “My life will never be what it was.”

Alava, wearing a light blue sweater, scarf and glasses, apologized to the families after listening to nearly a half hour of victim-impact statements.

“I don’t know what to say,” she said while trembling. “It was a terrible accident. I did not leave my house with the intent of maiming children … I’m sorry for any pain I’ve caused. I live with it every day.”

Ramsey, who broke down in tears while sentencing Alava, said she was imposing what the law allowed: a $1,000 fine for each misdemeanor count and a two-year driver’s license suspension. Ramsey also ordered Alava to immediately undergo a walk-through booking, so the charges and fingerprint collection would remain on her criminal history forever.

“Broken hearts of this nature don’t heal easily,” Ramsey told the courtroom. “I hope this helps you.”

Daniel Markoff, Alava’s defense attorney, told the victims’ families that his client — who hadn’t had a driving violation for more than 30 years — understands the pain because her husband died several years ago in a car crash.

After the hearing, Markoff said he was pleased with the case’s resolution.

“It’s fair in the sense it recognizes traffic rules are there for a purpose,” he said. “The sad thing is this could happen to anyone.”

The victims’ families capped an emotional end to the morning by embracing Alava’s family before they left the courtroom.

“We’re satisfied,” said Linda Decker, Mia’s grandmother. “Nothing is going to bring her back.”

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