For Three Deaths Teen Gets Two Years

Nicholas Derr, a 16-year-old Highland High School student, was sentenced to juvenile detention for up to two years after admitting Monday that he killed three and injured one in a DUI accident.

There were shouts of protest in 3rd District Juvenile Court when Judge Anders handed down the sentence.

“He kills three people and he’s out in just two years?” said Mark Buhler, a friend of the deceased family. “Where’s the justice? Is that all their lives are worth?”

Derr had a blood-alcohol level at 0.10 percent; the Utah legal limit is 0.08. Derr and a friend (name withheld) were driving down 2100 south from a Parley’s Canyon party where alcohol was being served when his vehicle struck the Hayes family in a crosswalk just north of Sugar House Park at 8:41 P.M. on December 7.

Vance Hayes (28), Michelle Hayes (27), and their two daughters, Olivia (3) and Victoria (1), were just leaving the park when witnesses say that Derr ran a red light and struck the family. The two young children were in a double stroller. Derr’s car was estimated to be traveling nearly twice the speed limit of the 30 mph zone. The father and one-year-old were killed instantly. The mother was DOA at University of Utah Hospital. Only the three-year-old survived the crash. She sustained multiple broken bones and major internal injuries, but doctors believe she will recover. Derr and his friend were uninjured.

Derr, who had just received his driver’s license two weeks before the accident, pleaded guilty to three counts of second-degree felony automobile homicide and one count of negligent injury. Derr has no previous DUIs or criminal record.

“He’s a good kid,” a neighbor, who asked to remain anonymous, said of Derr. “I’ve known him for years. He comes from a good family. He mows the lawn of one of the widows on our street and shovels her walk in the winter. One time some bullies were picking on my son and Nick protected him. I don’t know what happened with this accident. He just made some bad choices, like any kid could.”

Earlier this month, Judge Anders decided against ordering Derr to stand trial in adult court, where the teen would have faced up to 30 years at Utah State Prison. Derr will be eligible for parole in as few as twenty-four months.

I looked at the picture of an upside-down car and an area cordoned off with police tape. Then I looked up at Dan. His dark eyes brimmed with satisfaction. “Looks like the two of you have more in common than you thought.”

“Get out of here,” I said.

“Don’t kill the messenger, honey.”

“Get out of here!” I screamed.

He looked at me for a moment, then stood. “I should’ve figured. Two killers, no jail time. You’re perfect for each other.”