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Montgomery Advertiser WETUMPKA -- Forgiveness and mercy were front and center Monday morning in Elmore County Circuit Court as a Montgomery man was sentenced for a fatal 2008 boating accident on Lake Martin. Family members of the two people who died from injuries suffered during the incident asked Circuit Judge Ben Fuller to accept a recommended sentence for Patrick Leigh Cumbie that sent him to the Elmore County Jail for one year. "We're not looking for an eye for an eye," Keith Tatum told Cumbie through tears, minutes before the sentence was handed down. He's the oldest son of Sue Tatum, who was severely injured in the accident and died months later in a Birmingham hospital, having never regained consciousness.
Cumbie, 22, was drunk the night of Aug. 9, 2008, when the speedboat he was driving ran into a pontoon boat carrying a large group of people from Prattville. His blood alcohol content was .19, more than twice the legal limit of .08, according to court records. The crash killed Donnie Tatum, Sue Tatum's brother-in-law, and injured three others. Cumbie was given the first chance to talk during the proceedings, as he stood about 15 feet away from Teresa Tatum, Donnie Tatum's widow, and Keith Tatum and his sister, Kena Smyth. "There hasn't been a day come by that I haven't thought about your families," he said, stifling tears. "My family and I have gone through a lot of pain. I know it's nothing compared to what y'all have gone through. I'm so sorry." Cumbie pleaded guilty in October 2009 to charges of homicide by vessel in Donnie Tatum's death, felony assault in Sue Tatum's injuries and three counts of misdemeanor assault in the injuries of Teresa Tatum, Kenneth Tatum and Greg Moates. Donnie and Teresa Tatum were married 30 years. They often went to the lake with family and friends. Teresa Tatum described that night as being "beautiful" before the accident. The pontoon boat was in a slough, when Donnie Tatum came up to speak with his wife. "He came up beside me and when I turned around, all I saw was lights," she said. "When I woke up I saw stars and I hurt. I heard people yelling 'Where's Donnie? Where's Sue?' Sue was bleeding so badly. "Donnie's arm was almost severed. He had a bad gash on the back of his head. He said 'I'm hurt, I'm hurt bad.' as they got him back on the boat." The pontoon boat then began making its way to Sinclair's, a popular lakeside restaurant, to get help, she said. "I held him all the way back to Sinclair's," she said, pausing several times to gather herself. "Just before he died he looked up at me. He died in my arms, my love for 30 years died in my arms. I'll never forget that." She then turned and faced Cumbie. "As a Christian I'm supposed to forgive you, and I do," she said. "But I can never forget this." Sue Tatum's family too forgives, said Smyth in her remarks before the bench. "We do forgive you and pray for you every day," she said. "I know you didn't set out that night to intentionally destroy all these lives." Fuller said he considered the comments of the victims' families before making his decision. The recommended sentence was two years each on the homicide by vessel and felony assault charges, and one year each on the misdemeanor assault charges. The sentences are to run concurrently. "The sentence isn't overly severe," Fuller told the court. "The fact that the family has agreed (to the recommendation) shows what kind of individuals they are." Fuller split the two-year sentence, with Cumbie to serve one year. He likely will serve the time in the Elmore County Jail, District Attorney Randall Houston said. Upon release he will undergo three years of supervised probation. If he lives up to the conditions of probation, the remaining one-year sentence will be voided. Fuller can revisit the remaining one-year sentence if Cumbie doesn't live up to the terms of probation. After the proceedings Teresa Tatum said she accepted Fuller's decision. "It was hard to stand up there," she said. "He made a choice that night; it was a bad choice. We're a strong family. We'll get through this, but nothing will ever be the same." Houston is working to get the boating-under-the-influence laws changed so that the punishment range is the same as for driving under the influence. Homicide by vessel is a non-classified felony, with a maximum punishment of five years in prison. The felony assault charge Cumbie pleaded to carries a maximum of 10 years in prison, he added. People who are charged with DUI in incidents where a death occurs can face murder or manslaughter charges, depending on what the evidence shows, the prosecutor said. State Reps. Barry Mask, R-Wetumpka, and Mac Gipson, R-Prattville, plan on introducing a bill in the Legislative session that begins today to bring BUI penalties in line with penalties for DUI. The duo sponsored a similar bill last year, but it got bogged down during the end of session log jam. "People need to realize that if you drink and drive a boat, you can do just as much damage as if you drink and get behind the wheel," he said. "I know of people who would never drive after they have been drinking, but they think nothing about drinking beer all day on the lake, driving a boat around. We need to change that outlook." |
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