Silby Guilty of Improper Driving
posted 11:30 pm Tue July 01, 2008 - Amherst Co., VA
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Prosecutors say she hit and killed a Madison Heights toddler. Tuesday, Kaylie Silby walked away with a $500 fine. You'll remember two-year-old Omarion Rose had wandered from his home on Seminole Drive back in January when he was hit by a car and killed.
Tuesday, 18-year-old Kaylie Silby faced a judge. She was convicted of improper driving, which is basically a traffic ticket. She was cleared of the original charge, reckless driving, which has a stiffer penalty.
Silby testified saying she took her eyes off the road to get her ringing cell phone, then felt a bump but didn't see anything in her mirrors.
Whitney Hughes is still dealing with the death of her son, Omarion.
Catrena Jennings, Omarion's Godmother - "A life is gone and we can never bring him back, so nothing can make it better we just have to get through."
Something that's difficult for his family after hearing a judge rule the woman who prosecutors say killed Omarion is guilty of a traffic violation.
Jennings - "That's not even worth it because she took a life, she took a life."
Based on pieces of glass and plastic recovered at the scene, State Police and forensic investigators determined Silby hit Omarion. What they couldn't prove was that she knew she did it.
Stephanie Maddox, Commonwealth's Attorney - "There is no law that makes it illegal at this point to drive and talk on the cell phone or to answer your cell phone or anything like, so he found that what she did was not criminal negligence or criminal recklessness."
Silby’s family says she looked away, but did look back.
Melinda Silby, Kaylie's Mother - "It was just an accident that never should have happened. It was just that, an accident."
Even on the stand one thing Silby or her family won't say.
Courtney - "Do you all feel sorry at all even if it was a tragic accident?"
Chris Murphy - "I have no comment."
Omarion's family says while nothing will make them whole, those two words would help.
Jennings - "She had no remorse. I mean you seen her like she had been tired or something, but she had no remorse at all, no remorse. I didn't see any remorse from her not even a sorry."
And it's possible the family won't get that until all litigation is finished. Prosecutors say because there will be civil litigation -- Omarion's family seeking damages from Kaylie Silby -- that an apology is unlikely.
There was a pretty strong reaction to the judge's decision, many were in tears for most of the trial. Omarion's mother sobbed in the arms of friends as she left the courtroom. Another family member stood up and cursed the ruling.
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