Dad appeals to Huntsman
Father of boy killed by drunken driver says justice not served
Earl Smith's 6-year-old son, Darius "Buddha" Smith, was killed Oct. 25, 2003, when a car driven by Tory Lee Jacques plowed into Smith and his three children as they walked to a McDonald's in Magna. Earl Smith and his other two children recovered from their injuries.
Last year, 3rd District Judge Stephen Roth ordered Jacques to serve consecutive sentences for second-degree felony vehicular homicide (one to 15 years in prison) and two third-degree felony counts of driving under the influence/causing serious bodily injury (zero to five years in prison each).
Smith said he told the governor the state needs tougher laws on drunken driving, that his son's death was a case of murder and that Jacques deserved more jail time.
"The bottom line is I want justice for my son," Smith said in an interview.
Smith, members of his family and some friends held up signs starting at about 9:30 a.m. Saturday and continued the protest into the cold, windy afternoon. Huntsman, dressed in a hooded sweatshirt and baseball cap, met Smith on the sidewalk in front of the mansion.
Huntsman spokesman Mike Mower said the governor told Smith he would have someone review the facts involved in the accident and see if there is a way his office can help Smith reach some kind of resolution.
Earlier this year, Smith held protests at the Capitol and in front of the District Attorney's Office. He said another one is planned for Christmas Eve or Christmas Day in front of District Attorney David Yocom's home.
In addition to holding protests over legal issues surrounding his son's death, Smith's life has become more complicated in recent months.
Smith said he is on Social Security and has not worked since his son was killed. With no money to spare, he has put off his goal of starting a nonprofit organization that would hire lawyers to investigate accidents that involve children being hit by cars, regardless of whether the driver was drunk.
Earlier this year, Smith was involved in a fight at The Filling Station in Magna, where he said he was jumped by several men. Smith said he was the only one charged in that incident.
Smith also said he had been making headway in dealing with depression over his son's death but that recent harassment and threats against him and his family have set him back.
The hardest times, Smith added, are when he sees a father walking around with a son who would be about the same age as his Buddha. He visits the accident site almost every Sunday before heading to the cemetery where his son is buried. Smith said, "It's like a part of my soul is gone."
E-mail: sspeckman@desnews.com
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