Terry Eugene Petary, 42, of Drakesville will spend the next 25 years in prison following a sentencing hearing that was held in Davis County District Court on Aug. 2. Court records involving the sentencing were filed in Davis County District Court on Aug. 5.
District Court Judge Gregory Milani handed down the prison sentence, which includes 10 years on one count of homicide by vehicle (class C felony). The sentence also includes five years each on single counts of serious injury by vehicle (class D felony), failure to stop at the scene of an accident (class D felony) and possession of methamphetamine, a controlled substance (class D felony). Court records indicate that Petary must serve the mandatory minimum sentence on the charge of homicide by vehicle.
Petary also received a 25-year sentence on one count of possession of a controlled substance (methamphetamine) with the intent to deliver more than five grams but less than five kilograms. That sentence will run concurrent with the 25 years Petary received on the other four charges combined.
The sentence also includes $3,200 in fines, surcharges and restitution in the amount of $150,000. Petary’s driver’s license was also revoked.
The sentence follows a June 7, 2019 guilty plea entered into court records by Petary by his legal counsel. Petary’s guilty plea was in response to an arrest in which he was charged with leaving the scene of an auto accident on June 24, 2018. A vehicle driven by Petary struck and killed Merlin M. Beechy, 9, of rural Drakesville who was walking along 180th Street with his 12-year-old brother Nathan. Nathan was seriously injured as a result of the crash. The Petary vehicle struck both boys. Petary left the scene of the accident and was located by law enforcement the next day.
Court records indicated that Petary was speeding, driving without headlights, and under the influence of methamphetamine when the accident occurred.