Windham man gets more than a year behind bars for fatal Turner crash
May 20—AUBURN — A Windham man acquitted of manslaughter, but convicted of two felonies in connection with a 2022 fatal crash in Turner, was ordered Monday to serve more than a year behind bars.
Curtis Randy Fogg, 35, was sentenced in Androscoggin County Superior Court to four years in prison, but Justice Jennifer Archer suspended all of that sentence except for 15 months on the felony conviction of reckless conduct with a dangerous weapon.
Fogg will be on probation for two years after serving his sentence.
While on probation, he will be barred from having any alcohol or illegal drugs and must not have any firearms or dangerous weapons for which he can be searched at random.
Fogg must also seek evaluation and treatment for substance abuse while on probation, the judge ordered.
After a two-day trial last week, a jury found Fogg was not guilty of manslaughter in a crash that claimed the life of 79-year-old Carol Ivers of Fayette.
Eyewitnesses offered accounts of two pickup trucks speeding north on Route 4, going 85-90 mph, in the center turning lane on the morning of Dec. 11, 2022.
The lead truck struck Ivers' sedan head-on, killing her at the scene.
The driver of that truck, Jacob Diaz, 24, of Augusta, was sentenced in December to 17 years in prison after pleading guilty to manslaughter.
A judge suspended all but five years and six months of that sentence.
Justice Archer had convicted Fogg last week of aggravated operating after habitual offender revocation and sentenced him Monday to 15 months to be served at the same time as the other felony charge.
He was fined $1,000 and lost his license for three years.
The jury also found Fogg guilty of criminal speed, a misdemeanor for which he was sentenced to six months, to be served at the same time as the other two sentences.
The jury had acquitted Fogg on the felony charge of leaving the scene of an accident involving serious bodily injury or death.
Justice Archer gave Fogg until June 7 to report to jail to begin serving his sentences.
In an interview with a law enforcement officer, Fogg had said he'd been "pissed off" when his pickup truck was passed at a high rate of speed by the truck driven by Diaz.
He said he'd tried to catch up to it to record its license plate number because he'd determined that driver posed a danger to the public.
Although Fogg wasn't driving the truck that hit Ivers' car, prosecutors explained that Fogg had been charged under something called accomplice liability.
But Fogg's attorney, Henry Griffin, argued that Diaz had been speeding in the center lane even before Fogg pursued him and that Fogg's conduct didn't rise to the level of "accomplice."
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