The driver of a vehicle that left one man dead and another injured along State Route 666 last August was sentenced Monday afternoon to 96 months in prison by Judge Kelly Cottrill.

Nikki Lunn, 28, was indicted in November by a grand jury and posted bond in late December. She was restricted from operating a motor vehicle while out on bond.

The charges stem from a crash that occurred on August 2, when Lunn was traveling southbound along SR-666 in her 2012 GMC Acadia when she passed solid double yellow lines along a curve and hill in the roadway while speeding.

Lunn hit both motorcycles head-on, killing 30-year-old Dustin Spence of Glenford and injuring Dustin Phillis, also of Glenford. According to details released in court, Phillis continues to suffer injuries from the crash and the mental trauma of watching his friend die before his eyes.

Muskingum County Assistant Prosecutor Ron Welch argued for the maximum possible sentence to be run consecutively.

“This is not an accident,” Welch said, addressing the fact that Lunn chose to smoke Marijuana the morning of the crash, that she choose to speed and that she chose to cross double yellow lines.

While speaking to the seriousness of the crime, Welch called it one of the worst forms of the criminal offense.

Lunn’s defense attorney, Gerald Simmons, said the incident was an accident, making note of a text message she received at 3:24 p.m. the afternoon of the crash that stated her daughter was sick and that “the sooner you get here the better.”

When speaking, Lunn said that texting was uncommon for her mother-in-law to explain her actions that day.

Judge Cottrill asked Lunn about the text messages, addressing the fact that she read the message while driving, and instead could have easily pulled off the side of the roadway to read the message, preventing a distraction.

Simmons argued that Lunn took those actions out of fear for her daughter.

Minutes after the crash, Lunn would receive a text message that her 1-year-old daughter was fine and had fallen asleep.

Simmons referenced a statement made to the Ohio State Highway Patrol at the scene of the crash in which Lunn said, “I’m so sorry, I was just trying to get to my child.”

Lunn pleaded guilty in early April to two of the original five charges she was indicted on — vehicular homicide and aggravated vehicular assault — a move which eliminated her charge of operating a vehicle while impaired, based on the marijuana she smoked the morning of the crash. Lunn admitted to smoking almost daily since the age of 16.

Simmons requested Cottrill give his client community control, in part, due to her lack of criminal history. Lunn had two prior charges, one for selling a minor cigarettes and one for underage drinking, both of which have been expunged.

The attorney for Lunn also tried to justify community control, citing the coronavirus pandemic, to which Cottrill asked Simmons as to how many individuals under 30 have died of the virus.

Lunn told the Court “I’m very sickened and ashamed by my actions.” She then turned and looked at the victim’s family and friends saying, “I never wanted to hurt anybody.”

Cottrill said he belives Lunn is using the message about her daughter as an excuse. In her own testimony, she tried to blame the fatality on the motorcyclist saying he overcorrected. Welch pointed out to the court that the investigation by the Ohio State Highway Patrol showed no pre-collision braking before impact.

“I know you’re sorry someone got injured,” said Cottrill. “I still question your responsibility.”

Before sentencing Lunn, Cottrill spoke about the numerous letters he received from family, friends and acquaintances of Spence.

“I had to stop several times reading those letters,” said Cottrill. “These were two guys that were a true benefit to their friends, family, and community.”

Cottrill referenced a particular letter which he said he believed summarized a majority of the letters he received. The letter read in part, “I don’t consider it an accident. A steering wheel coming off is an accident. This is not an accident. This was an action that deprived our family of our sweet Dustin.”

The judge said these are incredibly difficult cases to preside over before adjourning for a short recess.

Once Cottrill returned, he sentenced Lunn to 60 months for the first count and 36 months for the second for a total of 96 months (8 years) in prison to be served consecutively.

She will be given 31 days of jail time credit and will have her license suspended for five years. Lunn is also ordered to pay $15,451.37 in restitution.