Hiawatha man gets 25 years for vehicular homicide

CEDAR RAPIDS – Vicky Mayo said Friday during a victim's impact statement she wasn't a hateful or vindictive person, but she can never see the twinkle in her son's eye again or be a grandmother because Troy Fox took that in one night.

“I'm usually a forgiving person but I can't forgive you right now,” Vicky Mayo said tearing up. “I'm sorry Troy.”

Troy Fox told her “It's OK,” as she left the witness stand.

Fox, 36, of Hiawatha, was sentenced to a mandatory 25 years in prison for vehicular homicide in Linn County District Court. Fox was intoxicated, over three times the legal limit,  when he drove himself and his friend Ruben Mayo, 32, of Hiawatha, home Oct. 5, 2009. Fox lost control of his car on I-380, near Collins Road, and collided with a light pole.

Mayo suffered spinal cord injury and had irreversible paralysis.

Fox apologized to Mayo's family and friends and his own family.

“Ruben was a good friend,” Fox said. “I miss him every day and I think about him every day.”

Fox, who admitted being an alcoholic, said he felt sorry for himself after the accident and drank until he hit bottom. He realized after sobering up how selfish and egotistical he had been.

“I can't change the past,” Fox said. “I have to use this experience in the future to help other alcoholics. It's the only way I can make amends… to live as a better man.”

Linn County District Judge Paul Miller said it was mandatory sentence but he felt it was appropriate.

“Your reckless and selfish behavior killed Ruben Mayo and you, sir, will have to live with that for the rest of your life,” Miller said.

The issue in this case was a little different than other vehicular homicides because Mayo chose to withdraw life support Oct. 11, 2009 after learning his condition was irreversible. He had cervical fractures at multiple levels of the spine and was paralyzed from the mid-neck down. He couldn't breathe on his own after the accident, only with a ventilator.

Doctors testified because of his paralysis he had no control over his arms, hands, legs, bladder and bowel. The doctors couldn't predict how long he would live but it would be less than normal life expectancy.

The defense argued Mayo chose to end his life. He didn't have to die as a result of the accident.