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Polson woman sentenced for Halloween vehicular homicide

by SCOT HEISEL
Lake County Leader | March 29, 2022 4:20 PM

A Polson woman who was convicted of vehicular homicide while under the influence, a felony, after running over another woman with her car on Halloween received a 30-year sentence, with 20 years suspended, last week in Lake County District Court.

Sharon Lyn Whitworth, 56, awaits transfer to the Montana Women’s Prison in Billings following an emotional sentencing hearing Thursday at the Lake County Courthouse.

Judge Robert Whelan of Silver Bow County presided over the case as a substitute judge in the Twentieth District Court. Whitworth pleaded guilty on Feb. 3 as part of a plea agreement that called for a 20-year sentence with 10 years suspended.

County dispatchers took a report of a vehicle-versus-pedestrian crash on Huckleberry Lane, southeast of Polson, on Oct. 31, 2021. Lake County deputies and Montana Highway Patrol troopers responded.

According to court documents, a responding deputy discovered a silver Cadillac with a deceased person underneath it and a man, later identified as Leroy Charles, near the car with a bloody face.

Charles told authorities he was finishing dinner and looked outside when he heard his dogs barking. He stated he saw a car in the field across the street from his house.

Leroy Charles and his mother, Tonya Charles, 63, of Polson, went outside and called to report a suspected drunk driver in the field. He said he had no idea how the car entered the field, and a woman inside the car was yelling and appeared to be intoxicated.

The vehicle was pushed up against a gate. A neighbor attempted to open the gate but was unsuccessful since the car was pressed against its closing mechanism. Tonya Charles approached to take a photo of the license plate with her phone.

The driver then accelerated hard, drove over the gate and ran over Tonya Charles, pinning her under the vehicle, according to the charging document.

Leroy Charles reportedly attempted to get the keys from the driver and was assaulted in the process. He then retrieved a jack from the garage and attempted to lift the car, but was unsuccessful.

Investigators later determined that Whitworth likely entered the area from Haystack Road, drove through an adjacent property and through the field to the gate. Along the way, she allegedly struck another vehicle and several trees, and ran over and killed a neighbor’s dog.

Responding officers reported Whitworth was uncooperative and refused testing at the scene. Whitworth reportedly said she had a lot to drink throughout the day. On a scale of 1 to 10, she described her level of impairment as a 10.

Several of Tonya Charles’ family members testified during Thursday’s sentencing. Each described Tonya as the pillar of the family while explaining the devastating consequences of her death.

“She killed my mom, for no reason. For taking a (expletive) picture,” Leroy Charles testified, while also calling for a 30-year sentence with no parole or probation. “She was the backbone of our family, and (Whitworth) tore it apart. Our whole family is lost now because of her stupidity. We just want her in prison the rest of her life.”

“I hope you get the maximum. You deserve this,” said Barry Charles, Tonya’s husband of 45 years, who also was present when his wife was killed. “What am I supposed to do for the rest of my life? I can’t close my eyes without seeing my wife murdered by you.”

“She wasn’t just my mom, she was one of my closest, best friends,” Tonya’s daughter, Dora Charles-Cornelius testified.

“It was on Halloween, and kids were out. They could have been killed.”

Chief Criminal Deputy County Attorney James Lapotka handled the case for the state.

Defense attorney Elizabeth Ehret, of the Office of the State Public Defender, sought a 15-year sentence with 10 years suspended, along with completion of the state’s WATCh program, which treats addiction and subsequent social issues.

Completion of the WATCh program is included in Judge Whelan’s judgment, along with pre-release prior to parole.

Ehret said her client had suffered significant physical and emotional abuse throughout her life.

“(Whitworth) has never had the opportunity to engage in the substantial treatment that she needs,” Ehret said. “What is clear is that she does need treatment.”

“From the beginning she has accepted responsibility even though she has no memory of the incident at all.”

Prior to sentencing, Whitworth apologized for her actions.

“I killed through my reckless actions,” Whitworth said. “I wish I could give an explanation or a reason for why I did what I did. … It grieves me to think about how her absence has affected you.”

Whitworth has 13 grandchildren, with another on the way. Judge Whelan noted that she will be under state supervision at least until she is age 86.