A Keymar mother told a Carroll County Circuit Court judge it was clear the man who drove drunk and caused the death of her daughter Katlynn should be given a strict sentence for drinking alcohol and violating his probation because he clearly hasn't learned his lesson.
"He got off easy the first time and then has the nerve to go back to a bar and drink again," Linda Bossler said. "I'm begging this court to take a hard stance. He's going to do it again to another family."
Kevin Paul Smith, 45, of the 11000 block of Whiskey Springs Road in Woodsboro, was sentenced to 18 months in jail and five years of probation in April 2010 after pleading guilty to negligent manslaughter by automobile and driving under the influence of alcohol.
On Monday, Circuit Court Judge Thomas F. Stansfield sentenced Smith to one year in jail for violating his probation for the 2010 case by failing to abstain from alcohol after hearing testimony from a bartender who said she served Smith beer.
Linda Hormes, a bartender/server at the Village Tavern in Walkersville, told the court that Smith ate lunch at the bar on March 24, 2011, and ordered four or five beers.
Hormes said she recognized Smith after she started to serve him and knew him from living in the same small community and reading about Katlynn Bossler's death and his arrest in the newspaper.
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On July 19, 2009, Katlynn Bossler, 15, was standing outside of a car parked on the shoulder of Md. 194 across from her home, when a pickup truck driven by Smith struck the left side of the vehicle where she was standing, killing her.
Smith was found to have a blood alcohol concentration of 0.17 when tested at the Westminster barrack after his arrest, according to previous court testimony. The legal limit for driving under the influence is 0.08.
Smith got off easy with the original sentence and served a little less than a year in jail because of work release, Katlynn's father Kenneth Bossler told the judge Monday.
While Smith got a second chance, Katlynn didn't get a second chance to live to experience her high school prom, graduation or 18th birthday, Linda Bossler said.
Bradley Bauhof, Smith's defense attorney, told the judge while the original case was a very emotional one, the court should keep in mind that this is Smith's first offense on probation and said the incident at the tavern was an isolated one.
Smith said he is currently engaged and is trying to move on with his life, though he feels remorse every day for what he did.
"I am deeply sorry for the family and all the friends who lost a loved one," Smith said.