Charles City man pleading guilty to causing death while driving drunk

By Bob Steenson, bsteenson@charlescitypress.com

A Charles City man who was charged with causing a head-on traffic accident death by driving while intoxicated has entered a written plea of guilty in Cerro Gordo County District Court.

Timothy James Hoy, age 59, had been charged with four felony counts including homicide by vehicle, operating under the influence, a Class B felony, for the incident that occurred near Nora Springs last summer that killed a Mason City man and injured two teenage boys.

Hoy was also charged with homicide by vehicle by reckless driving, a Class C felony; and two counts of serious injury by vehicle, Class D felonies, for injuries to the two passengers.

Last week, Hoy entered a written plea of guilty to the reduced charge of involuntary manslaughter – public offense, operating while intoxicated, a Class D felony; and to one charge of serious injury by vehicle – operating while intoxicated, also a Class D felony.

If the pleas are accepted by the court, the original Class B felony homicide by vehicle charge and the other serious injury by vehicle charge will be dismissed, as will a traffic charge of driving on the wrong side of the road.

As part of the plea agreement, the Cerro Gordo County Attorney’s Office will recommend that Hoy be sentenced to up to five years in prison on the involuntary manslaughter charge, and up to five years in prison, suspended, on the serious injury charge.

The county attorney’s office will also recommend that any fines – which could be up to $10,245 on each count – also be suspended.

In addition, the recommendation is that Hoy be sentenced to pay restitution of $150,000 to the estate of the victim killed in the crash, of which $100,000 has already been paid by his insurance company and on which he will still owe $50,000, and that he pay for medical bills for injuries sustained by the other two victims that are not covered by medical insurance.

His driver’s license will also be revoked for a period of three years.

According to a report by the Iowa State Patrol, Hoy was driving eastbound on 265th Street about 2 miles west of Nora Springs near Yarrow Avenue, at about 11:10 p.m. on July 25, while Stephen John Miles, age 41, of Mason City was driving westbound.

Hoy’s 2013 Nissan Altima crossed the centerline, crashing head-on into a 2005 Pontiac G5 being driven by Miles, the State Patrol report said.

Miles was pronounced dead at the scene. Two teenage passengers in Miles’ vehicle were transported to MercyOne-North Iowa Medical Center in Mason City.

According to the criminal complaint filed in Cerro Gordo County District Court, a blood test showed that Hoy’s blood alcohol level was 0.179%, which is more than twice the legal limit of 0.08%.

A hearing has been set for April 24 in Cerro Gordo District Court for a judge to hear the plea. As part of the plea agreement Hoy has asked that the court allow him to not be present at the hearing. A sentencing hearing is likely to be set for a later date.

The judge is not required to accept the sentencing recommendation that is part of the plea agreement and can give any sentence that is allowed for the crimes to which guilty pleas are being made.