Man gets 24 years after fatal wreck

Man gets 24 years after fatal wreck

CHARLESTON — A Mattoon man has been sentenced to 24 years in prison following his conviction for aggravated driving under the influence after a fatal crash two years ago in Coles County.

On Friday, Circuit Judge Mitchell Shick sentenced Devin Daily, 29, to serve
24 years in prison for charges related to a December 2011 accident that killed Shirley J. Graham of Mattoon.

The judge also ordered Daily to pay $5,500 in restitution to Larry Diener of Arthur, who owned the stolen vehicle, and to enroll in an alcohol and substance-abuse program for rehabilitation.

According to a state police report, Daily stole a truck Dec. 10, 2011, and crashed into Graham’s car at Ninth Street and Marshall Avenue in Mattoon, instantly killing her.

The report said state troopers detected the strong odor of alcohol on Daily’s breath and arrested him on charges of DUI, driving with a revoked license, possession of a stolen vehicle and other traffic offenses.

Police said that a test taken after the accident showed Daily had a blood alcohol content of about 0.197. In Illinois, a person is presumed to be intoxicated with a blood-alcohol content of 0.08 or above.

State Trooper Tracy Lillard said this was Daily’s eighth arrest for driving with a suspended or revoked license and fourth arrest for driving under the influence.

After Daily pleaded guilty to aggravated driving under the influence and possession of a stolen vehicle, Shick sentenced Daily to 24 years in prison for the first offense and 14 years for the second. The terms will run concurrently.

Other charges in connection with the crash were dismissed.

Daily will receive no credit for time served after his arrest because that was being served for on a separate case. The accident took place a few days before Daily was set to begin a prison term for an unrelated conviction.

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