OUR VIEW: Ikner must be tried in legal system

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March 1, 2010

Staff report Glasgow Daily Times The Glasgow Daily Times Mon Mar 01, 2010, 09:32 AM CST

GLASGOW — In the eyes of the law one crime is no different than any other. They should all be punished.

Shayla Marie Wooten was struck and killed by a hit-and-run driver in August 2009. Her family wants to see justice served in the 21-month-old toddler’s death and has been very public about that desire. Lori Ikner has been arrested and charged with being the alleged driver of the van that struck Shayla.

The law cannot take a dim look upon any crime, despite the actions that may have led to its commission.

The crime Ikner is charged with, leaving the scene of an accident and failure to render aid, in which serious physical injury resulted or death occurred, is a class D felony punishable by one to five years in prison.

There is dispute over what happened that has led Ikner to ask that she not be required to appear in court for hearings, as reported Friday in the Daily Times. What is certain is that members of Shayla Wooten’s family have been outside the backdoor of the courthouse from which prisoners are escorted.

Those standing outside the courthouse when Ikner was escorted from the building who were allegedly flailing their arms and yelling threats to her, could have been charged with harassment or terroristic threatening, which while lesser crimes, are still the result of illegal actions.

If someone had struck Ikner, it could have constituted assault .

If they had hit the jail employee that would have constituted third-degree assault, the same class of crime for which Ikner stands accused of committing.

Sheriff Chris Eaton has stated he is worried for Ikner’s safety now that she has been released on bond. The actions of those outside the courtroom have led law enforcement to believe someone may attempt to attack Ikner.

Individuals can have their opinion about the actions of Ikner allegedly driving away after striking a child with her vehicle. They can even speculate about if Ikner was under the influence when the incident occurred.

But that speculation cannot be considered by those investigating or prosecuting the case. There is no physical evidence that has been presented that Ikner was under the influence. Karen Davis, commonwealth’s attorney for Barren and Metcalfe counties, could have elected to try Ikner for reckless homicide. While this charge might sound better to young Shayla’s family, it carries the same possible sentence as Ikner’s current charges and might be more difficult to prove. Also, in this instance, the actions of Shayla’s father would be a large part of the trial, because the defense attorney would argue that his actions, which allowed Shayla out of the vehicle and onto the road by not having the toddler properly secured, were just as reckless as Ikner’s alleged driving actions.

It doesn’t make sense to put a man who is grieving the death of his child through this, particularly when there no chance for a longer sentence.

The entire situation has placed the sheriff’s office in a difficult position. They are the agency investigating Shayla’s death and that charged Ikner. They also, by duty, are responsible for keeping Ikner safe until her trial in September.

This entire situation is horrible, but there is no action that can be taken by anyone that will bring Shayla back.

Our system of laws and courts does not allow for vigilante justice or for those who have been hurt to attempt to extract their own revenge.

It’s not up to Shayla’s family to determine what crime Ikner can be charged with and how the case can be presented.

That decision must be left to the prosecutor.

The ultimate outcome of Ikner’s case should be determined by jurors, not a group of people seeking a pound of flesh in retribution.

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