Kathryn Margaret Cleary was sentenced Thursday for driving while under the influence of alcohol after a crash in Hampstead in December 2017.
Cleary, whose residence is listed in online court records as in the 4400 block of Gross Mill Road, was sentenced to one year of incarceration with all but six months suspended in Carroll County Circuit Court. She will serve the first two weeks of the sentence in the Carroll County Detention Center and the rest of the sentence in home detention with a sobriety monitoring device.
She will then serve five years supervised probation with conditions that include abstaining from alcohol and other substances — standard conditions for probation after a DUI conviction.
On Oct. 11, 2018, she was indicted on three felony criminal charges, including homicide by motor vehicle while under the influence of alcohol. Charles Duffy, of Hampstead, died several days after his vehicle and Cleary’s collided.
The prosecution later dismissed the felony charges. .
The charges were dismissed pre-trial as evidence progressed in determining cause of death. They were not a part of the plea agreement, said Adam Wells, the senior assistant state’s attorney who represented the prosecution.
Attorney David Zwanetz, who represented Cleary, said, “After a fair examination, the evidence did not support a nexus between the accident and the tragedy that took place.”
According to the crash report made at the time of the collision, Cleary’s vehicle crossed the double yellow line and struck a vehicle driven by Duffy head-on.
Duffy was taken to Carroll Hospital and later transferred to Sinai Hospital in Baltimore. He was released on Dec. 7, but the next day he went into cardiac arrest and was pronounced dead, according to the report.
Cleary was found to have a blood alcohol content of 0.14, according to the report. The legal limit is 0.08.
The disposition was set for April in order to allow the family of the deceased to attend the sentencing if they chose to, but they did not.
Cleary also chose not to address the court during the hearing.
Wells said the state had asked for jail time, but the court chose to impose the majority of the sentence as home detention.
After the hearing, Zwanetz felt a just decision had been reached, but said it was not a case after which an attorney would celebrate. He said he recognized that a human being and a family had suffered gravely from a tragedy.