SCOTTSDALE, Ariz. – At a sentencing hearing last Friday, the Maricopa County. Ariz., man charged with severely injuring two Great Bend men in Scottsdale, Ariz., attending the Fiesta Bowl a year ago, pleaded guilty to counts related to the crash. Joseph Spano, 28, was then sentenced to four years in prison and two years probation.
The resolution comes a year and six days after the incident that forever changed the lives of Michael Tysver and Cody Clark, Kansas State University students.
Spano pleaded guilty to two counts of aggravated assault and one count of endangerment, said Jerry Cobb, Maricopa County Attorney’s Office spokesperson. The state had argued for a six-years with four years probation, but the judge opted for the shorter sentence.
He was originally charged with four counts of aggravated assault and six counts of endangerment. But, due to the plea and other circumstances, the other counts were dropped.
In addition, his drivers license was revoked and he is also required to pay restitution to the families and insurance companies, not to exceed $5 million.
Clark’s mother Sandy Clanton attended the hearing. “It didn’t go as well as expected. It was very emotional to say the least,” she said on a Facebook posting.
Several people spoke, including Clanton and the pedicab driver.
There is now the possibility of a civil case and lawsuit.
“I don’t speak a lot on that for many reasons, but mainly because my focus has mostly been about Cody and now the nightmare I live with daily,” she said. “I have a life sentence now in which I will likely spend taking care of Cody Allan Clark (which I would do in a heartbeat and have done).”
Her son’s life was changed forever. “In many ways and he has a ‘life sentence’ with a brain injury and who knows what disability. He will live with the rest of his life which is now forever changed because someone chose to drive. He will never get his life back he once knew he will never get the year or many years back of time lost or will loose enjoying his family and being an uncle, brother, son, cousin, nephew, and best friend.”
His daily routine consists of depending on others to provide and care for his daily needs an care, his mother said. He is making progress but has a long ways to go.
“This just doesn’t seem fair that Joseph gets 4 years and we all get a life sentence. Now we just move forward and try to get Cody the best are possible.”
Tysver has since come home. Clark was transferred to a care facility in Kansas City where he remains.
In the early in the morning hours of Jan. 4, 2013, Tysver and Clark were severely injured when the pedicab they were riding in was rear-ended by Spano. Spano had been drinking.
According to the Scottsdale Police Department, at just after 3 a.m. Friday, Jan. 4, police responded to a collision between a pedicab and a car. Officers that Tysver and Clark had been hurt in the crash.
Police reported Spano was driving a 2012 Ford sedan north on Scottsdale Road in the median lane when he rear-ended the pedicab. The cab was in the median lane to make a left turn and the driver did not see the approaching car, and had no time to react.
The driver of the cab was not seriously hurt.
Officers noted signs of impairment on Spano, which lead to his arrest for DUI, along with assault and endangerment.
The pedicab driver said he picked up Clark and Tysver at a downtown Scottsdale bar and was taking them to their nearby hotel. Friends of the passengers told police that the two were in town for the Kansas State University /Oregon State football game. The accident forced the closure of a stretch of the street for several hours.
Clark and Tysver were taken in Phoenix-area hospital. Clark was in serious condition with severe head trauma went to Maricopa Medical Center in Phoenix, and Tysver, who was in stable condition with a spine injury, went to Scottsdale Health Care Osborn Medical Center.
Driver pleads guilty to Fiesta Bowl crash
A year after wreck, injuries haunt victims, families