Published: August 20, 2009 10:36 pm      

10:30 UPDATE: Yalanda Parrish sentenced to 10 years

Road-rage shooter could served last 3 years on work release

Yalanda Parrish — found guilty last month of two felonies for shooting a man during a road-rage incident in Jeffersonville — was sentenced to 10 years at the Indiana Department of Correction on Thursday afternoon. The final three years may be served as part of the work-release program.

Parrish, 40, could only shake her head as she left the courtroom in custody of Clark County jail officers. Some friends and family members left in tears.

Parrish shot Wesley Mosier Jr., 54, of Corydon, once in the chest in June 2008 after he got off his motorcycle at a red light at 10th Street and Allison Lane and approached her sport utility vehicle. The jury was asked to consider whether the shooting was in self defense.

“It sounds like a fair deal,” Mosier said after the sentencing.

The sentencing hearing lasted less than an hour, with only Mosier and Parrish being called to testify.

“I didn’t deserve to get shot,” Mosier said during the hearing. “I didn’t do anything wrong that day.”

Mosier — who spent 12 days at University Hospital in Louisville and still has a bullet lodged in his back — said that all he can do many days is lay in bed.

“I hope she has to suffer just like I had to suffer,” Mosier told Judge Dan Moore.

When asked after the hearing if he believes Parrish will suffer, he said he thinks she already is. Mosier also said that if he could do it all over, he would not get off his motorcycle, but that he never expected to be shot.

“I’m from a smaller town,” he said. “They don’t act like that there.”

Parrish, who elected not to testify during her jury trial, said at sentencing that she was “so sorry.”

“I am profoundly remorseful for the situation, not only with the Mosier family suffering, but my family suffering as well,” Parrish said. “I just want to be treated fairly. I just want my freedom. I just want to go home.”

Clark County Prosecutor Steve Stewart said it is always difficult to know whether someone is remorseful because of their actions or because they will be spending time in jail.

“I’ll assume from her words that she’s telling the truth [about being sorry],” he said, and then added, “You can’t just shoot someone and say, ‘I’m sorry.’”

Stewart said he was pleased with the sentence and hopes it sends a strong message to not let road-rage situations escalate into violence.

Before giving a sentence, Moore said that a “reduced sentence would depreciate the crime.”

On July 31, a Clark County jury found Parrish guilty of class B felony aggravated battery and class C felony criminal recklessness. A judgment of conviction was entered on the more serious count, because the charges were considered two levels of the same offense.

All parties agreed that under Indiana law, the minimum sentence of six years for an aggravated battery charge could not be suspended to probation. The advisory sentence for a class B felony is 10 years with a maximum possible sentence of 20 years.

Brian Butler, Parrish’s attorney, said judges have to make tough decisions, but added that it is wrong for the law the mandate that the minimum must be served in jail. He said this case is a perfect example of someone who should receive only probation.

Parrish has never been convicted of a crime, and after being convicted of a felony, Parrish will not be allowed to carry a firearm.

Without the gun in the equation, Butler argued, this situation would never happen again with Parrish.

“I can’t think of a case where the circumstances are more unlikely to occur,” Butler said during the hearing. “This is a horrible perfect storm. I don’t think anybody believes if Yalanda Parrish is on the street, this would happen again.”

Several letters were sent to the court on Parrish’s behalf. Butler said those letters were from friends and family members describing his client as a good church-going mother.

Butler said they lost the case because the jury found Parrish was not reasonable in believing she was in danger.

“I believe she believes she was acting in self defense, but the jury did not find that was reasonable,” Butler said.

Moore had harsh words for Mosier and Parrish, saying that the two appeared to be in competition as they drove down 10th Street the day of the shooting.

“Both of these adults on the roadway that day were engaged in conduct that was not that of mature adults,” Moore said.

He said he drove down 10th Street after the jury trial concluded and counted 48 places either Mosier or Parrish could have exited to avoid the confrontation, and he even asked a staff member to drive down 10th Street and check his counting.

Moore said he also sat in the parking lot at Thorntons twice in the past month watching traffic in order to visualize what might have happened that day.

He found it “troubling” that Parrish never drove into the Thorntons parking lot and said Parrish “put lives at stake and endangered people on the roadway that day, maybe even people in the next lane.”

Butler said he had never heard of a judge going out to the scene of a crime, but was not aware of any rule prohibiting judges from doing that.

Parrish also was ordered to pay $1,881.62 in restitution for Mosier’s unpaid medical bills and new glasses and dentures, as they were damaged in the shooting. Mosier has medical insurance, but he said he has not been able to pay all of his deductibles and has been turned over to collections.

With good time credit, Parrish likely would serve 31⁄2 years at the Department of Correction and 11⁄2 years on work release, Stewart said.

Supporters of Parrish gathered outside the courthouse after the hearing. They said they had no comment but may release a statement at a later date.

Parrish has 30 days to file an appeal. Butler said he does not do appellate work, but that Parrish’s case will be appealed.



TIMELINE OF EVENTS

• JUNE 17, 2008: Yalanda Parrish shoots and seriously injures Wesley Mosier Jr. following a road-rage incident at 10th Street and Allison Lane in Jeffersonville.

• JULY 2008: A Clark County grand jury indicts Parrish on charges of aggravated battery, a class B felony, and criminal recklessness, a class C felony. She can only be convicted on one of the charges. Her gun permit is suspended by Indiana State Police.

• AUGUST 2008: Parrish’s 15-year-old son is charged with battery for allegedly kicking Mosier after he is shot. He later agrees to a plea agreement, which is sealed by the court, but confirmed by Mosier, who was at the hearing.

• JULY 28, 2009: After numerous delays, Yalanda Parrish’s trial begins.

• JULY 31, 2009: A jury deliberates for only 31⁄2 hours before finding Parrish guilty on both felonies.

• THURSDAY: Parrish was sentenced to 10 years at the Indiana Department of Correction. The final three years may be served as part of the work-release program.

— Staff reports