Amy L. Boppel, who admitted being under the influence of drugs when she caused a fatal accident in June 2014 in Butler Township, must spend at least six years behind state prison bars for her crimes, a Schuylkill County judge ruled Thursday.
“We can hold the person responsible for what she did,” Judge John E. Domalakes said before sentencing a bawling Boppel, 37, of Ashland, to serve six to 12 years in a state correctional institution.
Domalakes also ordered Boppel to pay costs, a $25 fine, $100 to the Substance Abuse Education Fund and $15,075 restitution, and to undergo drug and alcohol and mental health evaluations.
Although the judge made Boppel’s prison term consecutive to one she already is serving, that was still not enough for the family of Mary Lou Leiby, who died in the crash.
“You killed her ... because you were driving with five different drugs in your system,” George F. Leiby, Mary Lou’s husband, testified. “You are sick. Suffer every day of your life.”
Boppel sobbed so loudly and continuously during Thursday’s hearing that she could not say anything on her behalf.
“I don’t believe Miss Boppel is in any condition to take the stand,” James G. Conville, Schuylkill Haven, the defendant’s lawyer, said. “The remorse she feels is for the family, not herself.”
She had pleaded guilty on Feb. 9 to homicide by vehicle while driving under the influence, failure to keep right and two counts of aggravated assault by vehicle while DUI. Prosecutors withdrew three counts of accident involving death or injury, two of careless driving and one each of DUI, driving under suspension-DUI related and failure to drive at a safe speed.
Butler Township police charged Boppel with being under the influence of drugs about 12:30 p.m. June 25, 2014, when she crossed the center line of Powdermill Road between Gilberton and Girardville and collided with a car being driven by Mary Lou Leiby, 61. Leiby died at the scene, while two of her passengers, her grandson, Austin Snyder, 17, and Kaylee Henderson, 15, suffered injuries, police said.
While Boppel wailed, Leiby’s family members spoke only of their contempt for her and what she did.
“The past 23 months have been extremely hard for the entire family,” Naomi Vigoda, Mary Lou’s sister, testified. “Our lives have been torn apart.”
Vigoda said Boppel’s conduct at the scene was outrageous.
“You never went over to that car to see if anyone was injured,” Vigoda said. “Shame on you.”
Heath Leiby, Mary Lou’s son, also expressed his outrage about what Boppel did.
“The world is a lesser place because of your actions,” he said. “I hope you live a long life and that every day is a struggle.”
Part of the Leiby family’s outrage stemmed from Boppel’s long alcohol- and drug-related criminal record.
On Oct. 18, 2006, Judge Cyrus Palmer Dolbin admitted Boppel into the Accelerated Rehabilitative Disposition program after she had been charged with DUI. Mahanoy City police alleged Boppel was DUI on April 17, 2006, in the borough.
Then, on Aug. 26, 2010, Boppel pleaded guilty to DUI and failure to drive at a safe speed. Judge Charles M. Miller accepted the plea and sentenced her to spend five years in the intermediate punishment program and pay costs, $1,525 in fines, $300 to the Substance Abuse Education Fund and $60 restitution to Pottsville Hospital, now Schuylkill Medical Center-South Jackson Street.
Ashland police charged Boppel was DUI on Aug. 8, 2009, in the borough.
Hamburg borough police charged Boppel with possessing drugs and paraphernalia on Dec. 12, 2009, in the borough.
On March 22, 2010, Boppel pleaded guilty in Berks County Court to possession of a controlled substance and possession of drug paraphernalia. Berks County Judge Thomas G. Parisi placed Boppel on probation for 12 months and also sentenced her to pay costs, $150 in fines, a $100 SAEF payment and $50 to the Criminal Justice Enhancement Account.
Then, on Oct. 18, 2013, Boppel pleaded guilty in Lehigh County Court to acquiring possession of a controlled substance by misrepresentation, possession with intent to deliver a controlled substance and conspiracy. Lehigh County Judge William E. Ford placed her on probation for five years and also sentenced her to pay costs and a $100 SAEF payment and submit a DNA sample to law enforcement authorities.
The state attorney general’s office alleged Boppel possessed drugs with the intent to deliver them on Jan. 1, 2008, in Upper Macungie Township.
While Conville and Assistant District Attorney Kimm Montone each declined to comment on the case after sentencing, Mary Lou’s family had a lot to say.
“I think the system is flawed,” Heath Leiby said after the hearing. “This person had an arrest record you could choke a horse with and this is it. I don’t get my mother back after six years.”
He said he hopes the law is changed.
“I wish I wasn’t a normal average guy, that there was more that I could do to change something,” Heath Leiby said. “No one should have to feel like this.”
George Leiby also thinks Boppel should spend a lot longer behind bars.
“She shouldn’t be able to get out to kill someone else,” he said.
Defendant: Amy L. Boppel
Age: 37
Residence: Ashland
Crimes committed: Homicide by vehicle while driving under the influence, failure to keep right and two counts of aggravated assault by vehicle while DUI
Prison sentence: Six to 12 years in a state correctional institution consecutive to current sentence