A 21-year-old Westminster man was convicted yesterday of homicide while intoxicated in the death of his 17-month-old son in September.

According to the plea agreement, Robert Andrew Toms of the 600 block of Johahn Drive pleaded not guilty but agreed to accept the prosecutor's version of what happened.

Circuit Judge Raymond E. Beck Sr. sentenced Toms to five years in prison and suspended all but 18 months. He ordered the term be served at the Carroll County Detention Center.

Bryan Andrew Toms was pronounced dead at Carroll County General Hospital on Sept. 6, after a car went out of control on Bloom Road about 3 p.m., police said.

The toddler was riding in a safety seat in the right rear of a GEO Metro driven by his father, when the car swerved off the road, hit a metal mailbox, skidded through a fence and came to rest in a field, police said.

The mailbox had smashed through a rear passenger window and struck the child's head, police said. Beer cans were found inside and next to the car, police said.

"This is the first time I've ever prosecuted a parent for killing his child while drinking and driving," said David P. Daggett, an assistant state's attorney.

Accepting a plea on the lesser charge rather than prosecuting Toms for auto manslaughter seemed appropriate, Daggett said.

"The driver is young, has no prior record and speed and alcohol contributed to the death," he said. "I would hope that he has suffered plenty already."

The child's mother, Angela Moffitt, 21, of Westminster, also was a passenger in the car. Neither parent was injured, police said.

Moffitt has been charged with reckless endangerment and contributory negligence in the crash, Daggett said.

Pub Date: 3/23/99