By SEÁN O'DONOGHUE
Managing Editor
HAMLIN - In an emotional hearing Friday in Hamlin, sentence was handed down on the driver of the vehicle that killed Haven Brooke McCarthy, in Branchland before Christmas.
Sylvia Martin, of Culloden (Cabell County), pled guilty to the charge of negligent homicide. Chief Circuit Court Judge Jay Hoke sentenced Martin to a year in jail, but put a stay on that, pending the submission of a medical report. In the meantime, Martin will be confined to her home. Martin was present with her counsel for Friday's hearing.
The hearing, which lasted about one hour, was attended by a number of Haven's family members, including her mother and father. Both her mother and father were afforded the opportunity to speak at the hearing, as were two others.
Haven's mother Crystal also submitted a letter to the court for consideration. The text of that letter follows hereunder. Haven was killed after getting off her school bus on December 11, 2007. She was crossing Route 10 when she was struck by Martin's vehicle. According to state police, the bus's warning lights were flashing at the time, but Martin failed to stop.
At the outset of the hearing, Hoke said that it was his understanding that a plea bargain agreement had been entered into, and he confirmed this with Lincoln County Prosecuting Attorney Jack Stevens, representing the state. It was subsequently noted that both parties had agreed to waive a pre-sentence investigative report.
Later during the hearing, Hoke addressed Martin directly and advised her of her constitutional rights. He told her that she had the right to a public trial by jury. After further detailing her rights, Hoke asked Martin if she still wished to plead guilty to the charge. Martin confirmed that she did. Hoke noted therefore that she had waived those various rights. When asked if she was pleading guilty or not guilty, Martin replied "guilty." Hoke noted that the guilty plea had been tendered and accepted her plea, finding her guilty of the charge of negligent homicide. It was at this point that a number of the friends and family members, most of whom were wearing t-shirts bearing Haven's image, were heard crying.
Jacob McCarthy, Haven's father, was later sworn in by Hoke. During tearful testimony, Jacob McCarthy thanked the court for the opportunity to speak. He said that he had thought long and hard about what he would say at the hearing. He said that Haven was a forgiving person.
Crystal McCarthy, Haven's mother, also spoke at the hearing. She referred to the ongoing occurrence of vehicles passing the buses near where Haven was killed. She mentioned her ongoing nightmares and said that everything had been stolen from her and her family. She asked why someone should not be punished to the full extent of the law. She said that while age might be a consideration in the sentencing, she asked the court to consider Haven's age. As noted earlier, Crystal McCarthy submitted a letter to the court (see below). Two other family members also spoke at the hearing, one saying that while the charge facing Martin was a misdemeanor, the loss of Haven is "capital punishment" for the family.
Prior to sentencing, Martin's counsel suggested that Martin would be a candidate for a suspended sentence and asked that the court place her on probation.
Then, Martin briefly addressed the court, apologizing first to the judge. She then turned to the family and friends of Haven gathered in the court and said "I'm very sorry."
Hoke asked some further questions of the parties at the hearing, referring specifically to Martin's health. He directed her counsel to furnish the court with a comprehensive medical report from her doctor.
Hoke then outlined the three options open to him, specifically, to place her on probation, to order home incarceration, or to send her for institutional incarceration.
Hoke then imposed a 12 month sentence at the regional jail. There followed an outburst of emotion from those assembled in the public gallery, with a number of those gathered heard crying.
"I haven't finished the sentence yet," Hoke said loudly, silence immediately being restored to the courtroom. "I'm going to stay the imposition of that sentence," said Hoke. He said he would stay the imposition of the sentence until he received the requested report on Martin's health.
Continuing, Hoke said he did not believe it was proper for Martin to be at large. He further said that Martin would have to be incarcerated at home. He indicated that the home incarceration would take effect immediately, and that he would issue a final sentencing order in due course.
 See Letter (left, adjacent)

Every day, we watch as cars still speed by stopped buses, with their lights on and STOP sign engaged. Even at the very spot of the accident that killed Haven. The courts are just pushing for probation for the woman who ignored all the flashing lights, and the stop sign, and ended up putting a beautiful six year old girl in her grave. We had to witness our Haven laying dead on the side of the road. With just probation, or even home confinement, what kind of message is that sending other motorists, who willfully ignore bus regulations? Cars will still speed by buses, with no consideration of human life, just because they are in a hurry. We realize her death wasn't intentional, but ignoring all the flashing lights and the stop sign, the stopped traffic behind the bus and ignoring the little girl who was crossing the road, cost Haven her life, and ruined the lives of her family and friends. WE NEED STIFFER PUNISHMENTS! This just isn’t for Haven, it’s for everyone who pays no attention to school buses.
No death is harder to overcome than that of your child. I never thought I would have to make funeral arrangements for my sweet six year old daughter, but because of negligence, that’s exactly what I had to do. Every day of my life, every minute, every SECOND, I have to try to shake the image of seeing my daughter laying dead on the side of the road. Every night I dread going to sleep, knowing nightmares plague my dreams. Our family has been torn apart, and it will never be the same.
I do understand that what Mrs. Martin did wasn't intentional. I understand she is probably dealing with some pain of her own. But because of her carelessness, my beautiful, sweet daughter is dead. Because she didn't pay attention to the numerous flashing bus lights in the near-dark evening, because she ignored the STOP sign, and even ignored the stopped traffic behind the bus that would've gave her an inclination to stop. Because of that, my daughter never got to see her seventh birthday.
Everything has been stolen from us. We will never see her off on her first date, never see her walk to the podium to get her diploma, never help her pick out her wedding dress, and never see the happiness in her eyes as she held her first child. It breaks my heart I won’t even know what she would look like if she would've gotten the chance to grow up.
Mrs Martin was careless and reckless, even if it wasn't on purpose. So why shouldn't she be punished to the fullest extent of the law? I know her age is a consideration, but what about my daughter’s age? She never got to even finish 1st grade.
Obvious disregard to the law, what Mrs Martin did was a crime. And should be punished. And not with just a slap on the wrist with probation or home confinement. If that would've been me, and I hit and killed a child getting off a bus, I was told that I would serve jail time because I’m younger. Why not her? We need to set an example to other drivers, before another young life is taken. What would you want if that was your child, and you had to relive that night every day? You would want justice, and that's all we are asking.