Punishment doesn’t fit crime for hit-and-run victim’s kin

For Jenny Hanna of Youngsville, a trip down Capital Boulevard is hard, and not because of traffic.

Driving into Raleigh on U.S. 1 means passing the spot where a drunken driver killed her son, Neil Anderson.

On Tuesday, that trip to Raleigh was made even more difficult when she learned the driver who hit Anderson then fled could face at most eight months in jail or walk away with time served.

Hanna met with Wake County Assistant District Attorney Jeff Cruden, who explained to her that 25-year-old Yokairi Diaz had the opportunity to plead guilty and could face six to eight months in jail.

But Cruden also told her sentencing was at the judge’s discretion, and she could receive probation.

“It was a big shocker that she would not get a lot of time,” Hanna said. “I took for granted she would ….”

Anderson turned 23 on Sept. 6. He died in the early morning hours Sept. 7 while he was still out celebrating his birthday with family and friends.

Unusual circumstances put Anderson and a friend, John James Griffin Jr. of Greenhow Lane, on the side of Capital Boulevard at Perry Creek Road.

Neil’s brother, George Anderson, and sister, Jennifer Lipscomb, were still out with him at 2:30 a.m. But not in Michael’s car.

To get everyone back together, Neil Anderson and Griffin told his brother Michael Anderson to drop them off, pick up the others and meet at Sheetz, a mile up the road from the Perry Creek intersection.

After Michael drove off, Anderson and Griffin decided to cross U.S. 1.

Hanna was told Griffin was past the vehicle, but Anderson didn’t have a chance to avoid it.

From police reports Hanna received from Cruden, she relayed the statements from Diaz’ passenger, Claribelis Rodrigues, who told officers, “I saw a man cross, then another stepped into (the road).”

Rodrigues said she told Diaz to slow down.

But Diaz struck Anderson, who came through the passenger side of the windshield, according to Rodrigues’ statement.

Neither Sweden’s report nor any documents Hanna received from the district attorney’s office noted tire marks were found from an attempt to brake or swerve out of Anderson’s path.

According to Rodrigues’ statement, Diaz said she couldn’t see what she hit.

“I told her that she hit a person. She got scared. Both of us didn’t know what to do,” Rodrigues said.

She said Diaz kept driving.

After the accident, Michael Hanna, his brother and sister arrived, coming upon the scene before EMS, Hanna said.

Hanna said she was told the vehicle belonged to a relative of Diaz and police investigators worked their way back to her, making an arrest at her apartment at 5501-103 Reunion Point, Raleigh, five hours after she hit Anderson.

Diaz was charged with driving while impaired and felony hit-and-run.

From the sound of the charges, Hanna thought Diaz faced years in prison following a court date on Dec. 4.

Hanna said the assistant district attorney told her the family would have the chance to address the court.

But with structured sentences, Hanna’s comments to the court would have no impact on the judge’s decision.

“That’s why I tried to press (Cruden) to charge her with felony death by motor vehicle. I know the D.A. has to prove all that, but she hit-and-run him,” Hanna said.

“It’s important for me to get justice for Neil. It keeps me going.”

Cruden told Hanna he would pull Diaz’s hearing from the Dec. 4 court docket and take another look at the circumstances of Neil’s death.

But Cruden told her he didn’t think there were any other charges to bring against Diaz.

“He said if he could, he would have done it,” Hanna said.

Anderson and his family, which includes Hanna, her husband, Neil’s three brothers, three sisters and 13 nieces and nephews just locally, had already spent a year suffering through a traumatic event.

In January 2005, Anderson was hit in the face by shotgun pellets during a road rage shooting on I-40.

After weeks with his jaw wired shut and months recovering from swelling and nerve damage, he saw the perpetrators, Chris Bingham and Ryan Mandell, convicted.

“The guys that shot him got a lot more time, but she killed him. Not to get but six months doesn’t seem right,” Hanna said.

Anderson was putting the shooting behind him, working for the family carpet business while taking classes at Wake Tech Community College to earn EMT certification.

Now the family suffers through their second tragedy, and Hanna said they feel a hole where Neil should be.

“He always showed up late for (family) birthday parties, with a gift wrapped in a brown paper bag. But it was always the best gift,” Hanna said.

“One (of Neil’s) nephews, Jayden’s, birthday was Nov. 4. We were all waiting for when he would show up.”

Hanna said Neil’s death has torn up her family but hasn’t torn them apart.

The family and Neil’s friends will attend the Tree of Life candlelight ceremony on Friday, Dec. 1, at 5:30 p.m. at the State Capital grounds on Morgan Street.

The ceremony, one of five held statewide sponsored by the Governor’s Highway Safety Program, is dedicated to the lives lost as a result of drunken driving — 431 in 2006.

There is a cross planted on the side of the road at the U.S. 1/Perry Creek intersection. On Tuesday as Hanna returned from Raleigh, she stopped to put up a wreath and hang a picture of Neil for motorists to see, with a message — Killed By Drunk Driver.

“I want people to know the cross is there for a reason,” Hanna said.