Alia Bernard, Aurora Woman Who Had Pot In Her System, Gets 7 Years In Fatal Crash

A suburban Chicago woman was sentenced to seven years in prison Wednesday because she had trace amounts of marijuana in her system when she was involved in a 2009 crash that killed two people and injured others.

Alia Bernard, 27, of the 1500 block of West Galena Boulevard in Aurora, was sentenced for her role in the crash that killed Wade and Denise Thomas near Batavia on the morning of May 23, 2009, the Chicago Tribune reports.

The crash occurred whenthree cars were reportedly stopped in front of Bernard, waiting to turn left off Illinois Highway 47 in Kane County. Bernard allegedly rear-ended the back car into the others, pushing the front car in the way of a line of motorcyclists passing by. The Thomases were killed on one of those bikes.

Bernard had pleaded guilty to the charges even though prosecutors acknowledged that the small amount of marijuana in her system at the time of the fatal crash would not have made her high, the Chicago Sun-Times reports. She admitted to using marijuana two nights before the crash.

Court documents indicate she also texted someone around the time that the crash occurred. The Daily Herald reports that, according to the Kane County First Assistant State's Attorney Jody Gleason, she had texted her mother that morning complaining that she was not feeling well and also texted her boyfriend that she was "way too sick to drive" at 8:23 a.m. The crash occurred sometime between 8:20 and 8:25 a.m., according to media reports.

Bernard testified that she had been reaching for her sunglasses because the sun reflecting off the motorcycles created a "strobe light" effect at the time of the crash, according to the Daily Herald.

"For three years I’ve wanted to apologize. I never wanted to hurt anyone. I am so sorry for your loss," Bernard testified to the family members of those killed in the crash, according to the Sun-Times. "I’m just heartbroken."

According to St. Charles Patch, Bernard is required to serve at least 85 percent of her sentence -- seven years for each count, which will be served concurrently.

Bruce Brandwein, Bernard's attorney, said Thursday that they may appeal the judge's ruling which he admitted he understood "but I was disappointed in it. ... There are no winners in this case," the Kane County Chronicle reports.

Comments

[Isaiah Maldonado]

04:16 PM on 02/22/2012

Having known Alia since middle school I can tell you without a doubt that she was extremely remorseful. This was and is a tragedy for all involved. Alia couldn't be a nicer person and the fact that the law is unfairly misused here only means that it could've happened to ANYONE... and that is scary.

[mphalen]

01:55 PM on 02/11/2012

Sounds like she was texting when she was driving, not looking for sunglasses. But she should have had a better lawyer. What idiot lawyer would urge her to plead guilty to driving under the influence? She wasn't driving under the influence so there was no reason to plead guilty for that. She should sue the lawyer for malpractice.

[nokeymel]

03:45 AM on 02/21/2012

You asked why she would plead guilty to a DUI when she wasn't under the influence...here is the answer to your question...The GREAT state of Illinois passed a law which states that ANY AMOUNT of an illegal substance, found in your system, is enough for the state to level felony driving-under-the-influence charges. Regardless, of whether you are actually impaired by this substance. As a result, had she not plead guilty, she could have faced 28 to 30 years if she had been found guilty by a jury.

[Josh RageLyfe]

03:04 AM on 02/11/2012

"Bernard had pleaded guilty to the charges even though prosecutors acknowledged that the small amount of marijuana in her system at the time of the fatal crash would not have made her high, the Chicago Sun-Times reports. She admitted to using marijuana two nights before the crash."

don't plead guilty! take it to the supreme court! this is preposterous. using two days before the incident had zero effect on the incident. if they didn't find substance or paraphernalia there's no reason to plead guilty to a crime you didn't commit.

[FilmCriticOne]

12:41 AM on 02/11/2012

Horrible. I feel sorry for the young woman. She smoked pot TWO days before? She wasn't high? The amount in her system couldn't effect her driving? And she gets 7 YEARS? Seems harsh, but I'm glad I don't have to decide. From the few things Ive read about it, 1 year seems right. It was an accident, she was NOT intoxicated. Is there a reason to believe she is dangerous? I don't see it. Maybe there are facts we just dont know.

[WilliamL]

06:32 PM on 02/10/2012

I remember a few year back, Brandy, I think, drove right into a line of stopped cares around LA and killed someone and did no time. Interesting how that sort of thing works out.

[infodoc1]

06:09 PM on 02/10/2012

Another attempt to scare people into not straying from alcohol

[StuffMoreStuff]

02:06 PM on 02/10/2012

So they knowingly convicted her of something they know she didn't do?!

Isn't that prosecutorial misconduct?

Don't get me wrong it was tragic, but charge her with crime she is guilty of....something related distracted driving. This isn't any different than convicting her of drunk driving because she got drunk 2 days before the crash. That's pretty messed up.

[blondaero]

11:12 PM on 02/10/2012

Who cares if she was high or texting... SHE FRICKEN KILLED TWO PEOPLE - a wife and husband. Now their three children are orphans! What don't people understand about that ?!?!?!?!?

[mphalen]

01:56 PM on 02/11/2012

You would care if it happened to you. Not being killed but accused of something you didn't do.

[StuffMoreStuff]

09:30 PM on 02/11/2012

So the end justifies the means? That isn't justice.

[The Yellow Rag]

01:27 PM on 02/10/2012

Miscarriage of justice...it was an accident. Our prosecutors and judges are out of control

[blondaero]

11:20 PM on 02/10/2012

Miscarriage of Justice? You have that right! She should have gotten 7 years for each charge and serve them consecutively and NOT congruent! She will be out in 5 years. Let's think... TWO PEOPLE WERE KILLED! If you were the killed couple's child... you would be saying 'let her walk'? She killed a husband and wife. Their three child became parentless in a moment, because of ONE person named Bernard. Regardless if she was high or texting and that the couple was on a bike or bicycle or car or walking... THEY ARE DEAD because of her! She texted her boyfriend at 8:23 a.m. The accident occurred between 8:20 - 8:25 a.m. You tell me what she was doing?!?!?

[The Yellow Rag]

04:16 AM on 02/11/2012

You are confusing the issue. Whatever she was doing, she wasn't intoxicated, and she shouldn't have pled to that charge. No one knows if the accident occurred because of texting, because we don't have all the facts. 8:23 isnt 8:20 or 8:25. If she was criminally negligent (a real possibility), then the Prosecutor should have charged her with that. Details matter, because it might be you or your loved one being charged with something they clearly didn't do one day. Hysterics like you only make it worse.

[The Yellow Rag]

04:17 AM on 02/11/2012

Also, I don't have to tell you what she was doing; neither does she. The state has to PROVE what she was doing. It is called law.

[KeithMohrhoff]

12:05 PM on 02/10/2012

How fast must she have been going that she pushed 3 stationary vehicles so far that one went into an intersection and a motorcycle--which is highly maneuverable--could not avoid it? Sounds to me like her behavior was beyond reckless all the way around.

[nokeymel]

04:01 AM on 02/21/2012

To answer your question a vehicle does not need to be traveling very fast to push 3 stationary vehicles. All that needs to happen is for those 3 vehicles to either be out of gear, if manual transmission, with foot on the clutch and brake not pressed in, or a vehicle with an automatic transmission and brake not applied fully, if you have only applied enough pressure to hold the vehicle where you have stopped that is not enough to keep it in place if it is struck by a 3000 pound vehicle or a chain reaction. Also if a manual transmission vehicle is in gear and being held in place with just the clutch, when struck from behind the vehicle will "leap" forward due to the foot popping off the clutch.

[bentlyboy]

11:06 AM on 02/10/2012

She killed two people, my opinion? She got off light.

[born 2b different]

02:49 PM on 02/10/2012

It was an accident.

[blondaero]

11:25 PM on 02/10/2012

Bentlyboy - I AGREE with you 100%!!!! The sentence should be consecutive and not congruent. People say... she smoked a couple days people so why send her to jail? I say who cares if she was high or texting (she texted her boyfriend at 8:23 a.m. - accident between 8:20-8:25 a.m.)... BERNARD KILLED TWO PEOPLE! A wife and husband, parents of three kids who became parentless because of carelessness of one person... BERNARD! She was not remorseful in the courtroom. She changed the lives of several other people who are permanently disfigured for life.

[freelance007]

02:51 AM on 02/12/2012

Wasn't remorseful? Did you even read the article?

"For three years I’ve wanted to apologize. I never wanted to hurt anyone. I am so sorry for your loss," Bernard testified to the family members of those killed in the crash, according to the Sun-Times. "I’m just heartbroken."

[Chicago Williams]

04:06 AM on 02/14/2012

So bentlyboy, blondaero and KeithMohrhoff, if you drank three beers on Friday and got in an accident on Sunday and two people died you think you should go to jail for seven years or longer? You didn't mean to do it and the beers had zero effect on your driving two days later but since two people happened to die you should go to jail? So anyone who happens to cause a car crash that killed someone should be imprisoned? The pot obviously had nothing to do with her driving yet they sentenced her as if she was high or drunk. Do our lawmakers even know how pot affects the human brain and body? Evidently not, and their ignorance is putting people in jail who shouldn't be. What a joke!

IT WAS AN ACCIDENT! Accidents happen. There is proof that she was NOT impaired during the time of the crash and prosecutors admitted that fact. She may have been texting but there's no proof of that. Yet, they put her in jail anyway? If Bernard was your wife, sister or daughter I bet you would be whistling a different tune. Illinois should be embarrassed about the law they passed in April that put Bernard behind bars and so should judge Anderson. This verdict makes me sick, and the fact that people are rejoicing and proclaiming justice makes me even sicker. Obviously it's a horrible tragedy and I feel most terrible for the victims involved, but this is absolute injustice!