BENTONVILLE -- Jennifer Lockerby stood a short distance Tuesday from the man who killed her brother.
"Seeing you go to prison will not bring us closure," Lockerby told Donald Gene Lyons.
Lyons, 61, of Bella Vista was sentenced to 12 years in prison after he pleaded guilty to negligent homicide, a felony. He was arrested in connection with an Aug. 29, 2015, crash that killed 42-year-old Matthew Frank, according to court documents. Lyons had a blood alcohol content of 0.2. The legal limit in Arkansas is 0.08 percent.
Lockerby told Lyons her brother was the type of person who would wish him the best.
She said Frank had a special talent to make people laugh at themselves. She said his family especially will miss his dry humor. He taught family members how to have fun and love life, Lockerby said. Several of her family members stood in court as she described the impact of losing her brother.
"Matt was funny," Lockerby said in her victim impact statement. "It was always so easy to be around him."
Lyons' plea came under an agreement attorney Jay Saxton reached with Stuart Cearley, chief deputy prosecutor.
Lockerby stood between Cearley and Saxton as she read the statement.
The crash was reported to Rogers police at 9:13 p.m. Three of the vehicles involved were stopped in south lanes on Eighth Street near the Pleasant Grove Road intersection, according to the probable cause affidavit. A motorcyclist was either stopped or slowing for the stopped vehicles. Lyons was behind the motorcyclist and failed to stop, triggering a six-vehicle crash.
Lyons' Ford Econoline van struck a BMW motorcycle driven by Frank. Lyons' van then hit a Ford Explorer. The Explorer traveled across the intersection and hit a Kia Sportage in the north lane. Lyons' vehicle also hit a Toyota 4Runner and a Chevrolet Silverado, according to court documents.
Frank was killed in the collision.
Lyons told Rogers police two days later he purchased a half pint of vodka and drank "two shots" earlier in the night of Aug. 29, according to court documents. He has four previous arrests for driving while under the influence of alcohol or drugs, although only one was in Arkansas.
Frank's family members cried Tuesday afternoon as they watched the sentencing.
Angel Frank, Matthew Frank's wife, told the court she still deals with the reality of her husband's death.
"I miss Matthew so much it has consumed me," Angel Frank said. "I have been in a deep depression that has caused me to almost lose my job and distanced my connection to my kids."
They met two years ago and married, Angel Frank said.
"I'm thankful for the little time I had with Matthew, but the tragic way it ended will forever haunt my heart," she said.
Lyons wiped away tears as Frank's family members addressed the court.
Lyons, who speaks with the use of a voice amplifier, wanted to address Frank's family but couldn't because of difficulties, Saxton said.
Saxton spoke on Lyons' behalf. Lyons wanted the family to know he's sorry and regrets his actions, Saxton said.
Circuit Judge Brad Karren accepted the plea agreement and Lyons guilty plea.
Lyons was sentenced to 12 years in prison. He must abide by a suspended sentence agreement for eight years after his release from prison.
"It's clear from the impact statements that Matt was loved abundantly and he will be missed," Karren said.
Saxton asked Karren to allow Lyons to remain free until he is taken to prison because of his medical issues. Karren denied the request. Lyons was taken to the Benton County Jail where he will remain until he's transferred to prison.
NW News on 06/22/2016