Alyssa Shepherd

ROCHESTER — Fulton County Superior Court One Judge Gregory Heller’s sentence in the case of Alyssa Shepherd was less than what the county prosecutor had recommended.

Shepherd was charged with three counts of reckless homicide; passing a school bus with its stop arm extended, causing injury; and criminal recklessness after the Toyota Tacoma she was driving struck four children, killing three, after she disregarded a school bus that had stopped to pick up students along SR 25, just north of Rochester.

Six-year-old twins Xzavier and Mason Ingle; and their sister, nine-year-old Alivia Stahl, died at the scene. Twelve-year-old Maverik Lowe was severely injured in the accident.

Shepherd was facing up to 21.5 years in prison, but her sentence on Wednesday, Dec. 18, includes four years in prison, three years in community corrections or home detention and three years on formal probation. Her driver’s license was also suspended for 10 years.

The four-year prison term was widely criticized on social media. The mother of the three children who died in the accident was arrested for battery against a public safety official moments after the sentencing after an apparent altercation in the courtroom after the media had been escorted out.

Final statements from Fulton County Prosecutor Michael Marrs and Defense Attorney Michael Tuszynski both included recommendations for what type of sentence the judge should impose in this case.

In total, Marrs recommended a 14-year sentence that would include 10 years in prison and four years of probation.

“She’s a mother, and I get that,” said Marrs. “But it’s about accountability. Imagine losing three out of four of your kids in one morning. I look at this case and go, ‘Level five felonies? That’s all?’ This is a DoC (Indiana Department of Corrections) sentence. Justice requires accountability. You killed three kids. I see no emotion and no remorse.”

Marrs also argued that there were two aggravating factors involved with this case, including the amount of harm done and the victims’ ages.

For each count of reckless homicide, Marrs recommended four years in the Indiana Department of Corrections, with one year from each count served on probation. He also argued that each count of reckless homicide should run consecutively. For passing a school bus causing injury, Marrs recommended Shepherd serve two years in DoC, with one year served on probation. He also recommended a one-year executed sentence for criminal recklessness, running concurrently with the sentence for passing a school bus.

Tuszynski recommended an eight-year suspended sentence in total for Shepherd.

In his statement to the court, Tuszynski argued that there are several mitigating factors involved with this case, including Shepherd’s unlikeliness to commit another crime, as well as the low probability that an incident like this will occur again due to recent changes in bus laws.

“She has no prior criminal history and has strong family support,” said Tuszynski. “She’s also a productive member of the community. She is deeply remorseful and will have to bear this burden for the rest of her life. This has and will continue to take a toll on her.”

Judge Heller agreed with several mitigating factors in the case.

“This is unlikely to reoccur through the recent changes at schools,” said Heller.

He also argued that Shepherd has no prior criminal history and that she is very likely to respond to probation. The factor of Shepherd being the primary caregiver for her two children was also discussed.

For each count of reckless homicide, a level 5 felony, Shepherd received a three-year sentence, with one year served in prison, one year served through the Fulton County community corrections or home detention program, and one year suspended on formal probation. Each count will be served consecutively.

Shepherd’s fourth and fifth charges – criminal recklessness and passing a school bus with its stop arm extended causing injury – will be served concurrently with a one-year prison sentence.