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Sample letters

Sample letters will be featured here when they become available.  If you would like to post your letter here please e-mail it to me by clicking here e-mail your letter by clicking here.

Kathy Schmidt (Michelle's mom) has mailed this letter tot he judge.

March 28,2003

Honorable Justice Lex E. Anderson
Peoria Justice Court
7420 W. Cactus Road
Peoria, AZ 85381

RE: #TR03-01387CV, The State Vs. Mr. Edwin Sowalskie
Edwin Sowalskie Court Case

Dear Justice Lex E. Anderson:

On January 7, Mr. Edwin Sowalskie, age 89 years old, was driving east and Brian Hagerty, age 32 years old, was driving west on Thunderbird Road. At the intersection of Thunderbird Road and Sahara Drive, Mr. Sowalskie turned left onto Sahara Drive in front of Brian. Brian had the right of way. Brian and his motorcycle crashed into the passenger side of Mr. Sowalskie’s car. Mr. Sowalskie continued driving onto Sahara Drive, finally stopping at the intersection of Sahara Drive and Arrowhead Drive. Brian was catapulted into the air, landing flat on his feet, and was then thrust forward from the force of the landing. He died 27 hours due to complications from bleeding out in his pelvic area.

On February 18th at the Peoria Justice Court, Edwin Sowalskie pleaded not responsible to the charge of failure to yield to oncoming traffic causing a fatality. The next court date was set for this case on May 16th.

On March 21st, Mr. Sowalskie paid a fine of $1800.00 to the Peoria Justice Court stating he was now pleading no contest to the charge of failure to yield to oncoming traffic causing a fatality. On the court date of February 18th, the presiding judge would not let Mr. Sowalskie plead no contest. The judge insisted upon Mr. Sowalskie pleading responsible or not responsible. Mr. Solwaskie pleaded not responsible.

I now ask the court to consider reinstating a court date for Mr. Sowalskie’s case. I feel he did not conform to the judge’s rules for pleading in this case. I also ask the court to consider Mr. Sowalskie to be assessed for driving capabilities by the MVD Medical Review Program. Mr. Sowalskie to this day does not believe he is responsible for this accident. Nothing will bring Brian back to us, but I think Edwin Sowalskie needs to be made aware of his responsibility to Brian’s family and to society for the crime he has committed.

Respectfully yours,

Kathy Schmidt

Michelle's letter to the judge...

March 29, 2003

Honorable Justice Lex E. Anderson

Peoria Justice Court

7420 W. Cactus Road

Peoria, AZ 85381

 RE:       TR03-01387CV, The State Vs. Mr. Edwin Sowalskie

 Dear Judge Anderson,

 I am the widow of Brian Hagerty, the man whose life was taken as a result of Mr. Sowalskie’s negligent actions.  Not only did Mr. Sowalskie take my husband Brian’s life, he also took the life I once had; the one we as a couple worked so hard to achieve.  Brian was only 32 years old.  He still had so much life to live; a life I wanted to share with him.  We would have celebrated our 10^th wedding anniversary March 27^th.  We had so many plans for our future that will never be a reality now.  

I was disturbed to hear about Mr. Solawskie’s attitude and behavior; how he felt inconvenienced by the accident as my husband lay there fighting for his life makes me sick.  He felt put out by having to get his vehicle repaired!  Imagine how I feel, having to pick up the pieces of what is left of my life.  The loss of my husband has left me broken hearted.  I will never be the same person I once was.  A part of me died with Brian.   

I was informed by Detective Childs that the maximum punishment for Mr. Solawskie’s violation is a $1000 fine and 6 months suspended license with a requirement to take a driving class to get his license back.  I am saddened by the leniency of this sentence.  Then I found out Mr. Sowalskie went to the courthouse and changed his plea to no contest, a plea the judge would not allow at his arraignment.  The office clerk issued a fine of $1800 for Mr. Sowalskie to pay; no license suspension was enforced, and no assessment of his driving capabilities was required.  I can’t believe this is possible; I think this is wrong that a man can kill another man, and a standard fine is issued with no review of the facts in the case.  I ask that you reinstate the court date for Mr. Sowalskie’s case, so a judge can review the facts of the case and rule on the sentencing.  Due to Mr. Sowalskie’s heartless conduct and lack of remorse, I ask that you impose the maximum sentence on Mr. Sowalskie, and please consider a harsher penalty; I believe it to be just in this case.

Sincerely,

Michelle L. Hagerty