An uninsured Chattanooga woman avoided a vehicular homicide charge and was sentenced to 90 days house arrest after a wreck in which a popular Normal Park School teacher was killed in January.
Police said Neshala Massengale was driving 49 miles per hour in a 35 mile per hour zone when she allegedly ran a red light. According to a Chattanooga police officer who responded to the crash, it could not be proven that the light was red. However, regardless of the condition of the light, she ran straight into Bethany Schklar’s car. The 37-year-old fourth grade teacher sustained critical injuries and she later died.
Ms. Schklar left behind a husband, son, and two parents, the latter who were present in General Session Court Judge Lila Statom’s courtroom on Tuesday. Her mother, Patricia Avery, tearfully gave a statement before the court, detailing the kind of wonderful person her daughter was and how the family still grieves.
“I’m bereft of my daughter because she was torn from me by the crash,” the mother said. “There’s not been a single day I haven’t wept for her.”
Ms. Avery then turned her attention to Ms. Massengale, who was standing nearby. She emphasized the fact that Ms. Massengale was driving uninsured, a crime in the state of Tennessee.
“The legal limit for the speed limit was zero, not 35,” Ms. Avery said, “If she had obeyed the law, my daughter would still be alive.”
Ms. Avery then asked the judge to punish her to the full extent the law would allow. While Ms. Massengale avoided any sort of vehicular homicide charge, she still pled guilty to speeding and driving without insurance. Those infractions both carried penalties.
Ms. Avery said she plans to seek help from members of the Tennessee legislature to enact stiffer penalties for motor vehicle crashes involving fatalities.
Ms. Massengale’s sister then defended her family, saying that both families had suffered in the event. She also stressed the point that Ms. Massengale had not only fully cooperated with the police, but also had shown remorse throughout the process.
“She was never worried about herself,” said the sister. “She asked if the other lady was okay, and if her daughter was okay.”
Ms. Massengale herself tearfully apologized for her actions, saying she was “very, very, very sorry,” and told Judge Statom she still felt sorry for it.
“Every day, I think about it. I never intentionally meant to hurt anyone,” she said, “I think about this every day as a mom. I understand I have to accept any punishment the court hands out. I wish this had never happened. I wish I could take it away.”
After careful deliberation, Judge Statom sentenced Ms. Massengale to 11 months and 29 days with the first 90 days in custody, which she could serve in her home. The remainder will be on Community Corrections.
Ms. Massengale was also mandated to serve 30 days of community service, where she would have to speak to high schoolers about the dangers of speeding and not having insurance.
Officials in the District Attorney's Office said Ms, Massengale "received the maximum sentence allowed by law in General Sessions Court this morning for causing a motor vehicle crash on January 21, 2019 that claimed the life of Bethany Schklar."
The settlement involved a plea agreement with Assistant District Attorney David Schmidt.
Ms. Massengale’s attorney asked for and received a $5,000 appeal bond. As a condition of this bond, the defendant will be on house arrest.