Wichita man gets probation in crash that killed pregnant woman, her child

A Wichita man responsible for the deaths last year of a pregnant woman and the child she delivered following a road-rage crash was ordered Wednesday to serve three years of probation.

Through tears and sobs, the family of 21-year-old Trevadawn Pauley and her daughter asked a Sedgwick County judge to be lenient when sentencing Zachary Lee Brown on two counts of involuntary manslaughter and two counts of aggravated battery stemming from the fatal collision on Aug. 19, 2014.

Pauley – remembered in court as a fun-loving “people magnet” who dreamed of motherhood – was seven months pregnant when the vehicle she was riding in was struck by Brown’s SUV, which was speeding down South Meridian, south of Kellogg.

Paramedics rushed her to the hospital, where she gave birth to a daughter via an emergency cesarean section before succumbing to her injuries.

The infant, named Aniyiah Saiz, died a week later from crash trauma. Two others in Pauley’s car also were hurt.

A police affidavit released last year said an angry Brown was weaving in and out of traffic because he thought he had been cut off by another driver. He was traveling at 71 mph in the seconds before the collision.

“I cannot possibly tell you the continued heartache and the grief that I face every day,” Pauley’s grandmother, Patti Cummings, said through sobs at Brown’s sentencing hearing. “I hated the person responsible and wanted him to pay.”

But, she said, “I’ve taken a year to look back and to decide what Treva would have wanted and to decide what my feelings are. After a lot of prayer, I ask you to please not incarcerate him. … He didn’t wake up that day wanting to kill my granddaughter.”

Cummings’ request drew stifled cries from Brown’s family sitting in the courtroom gallery.

Brown, who earlier in the hearing had apologized for his actions, sat at the defense table by his attorney, wiping tears from his eyes. He pleaded no contest to the charges on Aug. 31. He was 25 at the time of the crash.

Because of the way Kansas ranks the severity of crimes to determine their punishments and because he had little to no prior criminal history, Brown was eligible to receive a sentence of either prison or probation. A judge has the discretion to choose which to impose.

Prosecutors had asked Judge David Kaufman to follow their recommendations in Brown’s plea agreement and incarcerate him for 31 months.

But Kaufman, in announcing the sentence, said he thought probation was a more appropriate option. Among reasons he cited for the decision were that Brown was working, had a family and was taking strides to treat his anger issues by going through anger management counseling.

He also noted that no drugs or alcohol were involved in the crash.

“Your history indicates you are a person who committed a crime” rather than a criminal who preys on society, Kaufman told Brown, adding: “You are a good member of the public, and the fact that you are responsible for the deaths of two people doesn’t mean that you are a bad person.”

Brown’s probation carries an underlying prison sentence of 31 months. If he violates the rules of his probation, he could be incarcerated for that amount of time.

Prosecutors on Wednesday also asked that Brown be ordered to pay restitution in the case. The amount is expected to be set sometime over the next three months.

This story was originally published October 21, 2015 at 8:10 PM with the headline "Wichita man gets probation in crash that killed pregnant woman, her child."