LAWRENCE CO.—The woman whose son was killed in a dragging incident in Sumner four years ago has filed a Stalking/No-Contact Order against the man who committed the crime.
David Kearby, age 7, was struck by a van in July of 2011, being operated by Chad Hayes, now 35, while Hayes was under the influence of intoxicating substances.
He was found guilty of Aggravated DUI causing Accident or Death on April 21 of last year, and was issued a 54-month Department of Corrections sentence, which at that time was ordered “stayed” (meaning he didn’t have to go to DOC).
This, naturally, means that Hayes is out on the street. And that’s what lead to a situation that Kathryn Kearby, mother of the deceased David, has taken issue with since Hayes can’t seem to control his hubris over the fact that he’s not behind bars taking showers with hairy men.
Ms. Kearby stated in court documents filed May 11 that on may 5, she, her mother and daughters were at the Dollar Store in Lawrenceville when Hayes and his wife pulled up next to them.
“My daughter accidentally hit their van with the car door and there was an altercation where at that time his wife Denise said that if I was watching my kids my son wouldn’t be dead,” Kearby wrote in her petition.
“Also, every time he sees us in Walmart or anywhere else he smiles at us and waves at us and make disturbing remarks as to my children when adults aren’t around,” she concluded.
Kearby, who lives in Lawrenceville, asked for protection for herself and her daughter in the various places where they would be, including her daughters’ school and her place of employment in Vincennes across the river in Indiana.
The order was issued on an emergency basis and was set for a plenary (permanent/two-year) order for June 1.
Whether the matter will take place on that day or not, or whether the judge will find that it’s merely overreaction on Kearby’s part, remains to be seen…however, if the Missus Hayes did say such a thing (and Disclosure was unable to reach her for comment), that’s a fairly obnoxious statement to make to anyone under any circumstance. It does, however, accurately represent the felonious Hayes’ take on things, as, since his “stayed” DOC sentence has been in effect, he has put forth the notion that he’s somewhat “untouchable” in the county.
Those who know what’s really going on with him have opined that if he were so “untouchable,” he might have already bothered to pay his fines and fees in the criminal case, which currently amount to $3,112, none of which has been paid at all.