CEDAR CITY — A driver who pleaded guilty to DUI in connection to an incident where he rammed another car from behind on Interstate 15 near Cedar City before fleeing the scene has been sentenced to prison.
Christopher Payge Cross, 36, was sentenced Monday by 5th District Judge Matthew L. Bell, who imposed a zero-to-five year prison term for the third-degree felony DUI charge, in addition to ordering that Cross pay more than $5,000 in fines and fees, plus an indeterminate amount of restitution to be paid to the other driver who was injured in the crash.
Cross’s vehicle rear-ended another car on northbound I-15 the afternoon of Dec. 7, sending the second car off the right side of the roadway. That car then rolled and crashed into a tree. Cross was later apprehended by police after he had stopped at a convenience store parking lot in Parowan, some 10 miles away from the scene of the crash.
According to the probable cause statement filed in support of his arrest, Cross’s blood-alcohol level measured at 0.06, still above Utah’s legal limit, nearly three hours after the collision.
Cross also told the arresting officers that he had consumed a pint of vodka before leaving St. George on his way to Orem for work, and added that he had also used about one gram of heroin after stopping in Parowan “trying to get rid of all he had on him.”
Cross initially pleaded not guilty to six charges in connection with the incident, including DUI, possession of drugs and paraphernalia, failure to remain at the scene of an accident and not having a valid driver license. As part of a plea agreement with prosecutors in January, he subsequently pleaded guilty to the DUI charge, whereupon the other counts were dismissed.
During Monday’s sentencing hearing, defense attorney Troy Sundquist had asked the court to impose probation rather than prison.
“Mr. Cross is not a violent person,” Sundquist said. “He doesn’t have any violent history of assault or anything like that. Everything is alcohol- and drug-related, including these newest charges.”
However, prosecutor Chase Troutner then argued in favor of a prison sentence, citing Cross’s previous history.
“Your honor, this is his third conviction for some kind of hit-and-run offense,” Troutner told the judge, adding that Cross was on probation at the time of the crash.
Troutner also called Cross’s written statement about the incident “a bare recitation of the facts” that expressed little remorse for his actions.
“He fell asleep at the wheel after using heroin and alcohol, ran a car off the highway and fled from the scene,” Troutner said. “We know that part, your honor, we know that’s what happened. There’s no indication about whether or not he feels any remorse, in spite of having done this multiple times before.”
Troutner also referred to the injuries suffered by the other driver, which he said have left the man temporarily unable to work.
“The victim suffered a broken leg and a torn rotator cuff,” Troutner said. “And via his own testimony, he is a welder who needs that arm to work and has been unemployed and unable to do so, and probably will be unable to do so for another several months.”
“His history … shows that he’s not somebody who’s amenable to following any orders that the court may give,” Troutner said of Cross. “But he’s spent time in prison before and I believe that it is appropriate that he do so again.”
Appearing via video link from Iron County Jail, Cross himself also briefly addressed the court before the judge imposed sentencing, saying: “I just apologize to the victim for my actions. I realize I’ve got a problem. I’m accepting of whatever punishment comes my way.”
Just before handing down the sentence, Bell told Cross, “I’ve got to tell you, I’m really concerned here. You’ve got prior cases with similar facts where you’re involved in an accident (and) you leave the scene.”
“In this one, you could have easily killed your victim,” Bell said, adding that he was also troubled by Cross’s history of alcohol and substance abuse.
“And even though you were on probation, you were right back at it,” the judge added. “You’ve got numerous prior convictions. You’ve been to prison before. And it’s no doubt to me that you need some help with your alcohol and substance abuse. But at this point, it’s true, you’re an extremely high risk of reoffending.”
Then, just before he imposed the zero-to-five year prison term, Bell added, “This is about the public being protected from your carelessness, because you continue to abuse alcohol and drugs and then drive in a reckless way.”
How much time Cross ultimately serves in prison will be up to the Utah Board of Pardons, the court noted. Restitution was left open for the duration of the statutory period, to allow for any future claims for compensation to be filed.
“I want you to have every opportunity to maximize your chances of living a sober life, not just for your sake, but for the sake of everyone else,” Bell told Cross as the hearing concluded. “You said you’re willing to accept whatever punishment. I hope that that’s true. And I hope you recognize that. This is really, at this point, about protecting others. And I do hope you get treatment along the way because that would be best for all of us.”
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