Parents plead guilty after boy fatally struck by car in Gastonia
PAST COVERAGE: Parents charged after 7-year-old boy fatally struck by car in Gastonia
Samuele Jenkins and Jessica Ivey, the parents of Legend Jenkins, appeared in court on Monday morning to enter their pleas. The incident occurred on the 1000 block of West Hudson Boulevard, where Legend Jenkins and another child were attempting to cross the road unsupervised to go to Subway when Legend was hit by a Jeep Cherokee driven by a 76-year-old woman.
'All I got to say is, long live Legend,' Jenkins said.
Jenkins' attorney told the judge the father decided to send Legend and his 10-year-old brother to the Subway restaurant for food.
'His wife, Ms. Ivey, was opposed to it,' said defense attorney Chuck Lifford. 'He talked her into it. He thought he could control things via cell.'
Security camera video showed that the 10-year-old was on the phone as Legend struggled to carry a big bag of food across the parking lot.
The prosecutor said that's when then their mother also appeared on camera as she went to the Food Lion next door.
She spoke with Channel 9 day after the crash, and she said she spoke to her sons and they insisted on walking home.
'That exchange never happened,' Warner said. 'At no point does she interact with or speak with the boys who are still in the parking lot.'
Moments later Legend stepped in front of a car on Hudson Boulevard. They crossed the road in the middle of the block where there wasn't a crosswalk, police said.
Both parents were initially charged with felony involuntary manslaughter, felony child neglect, and misdemeanor child neglect following the incident. They couldn't get out of jail to attend Legend's memorial service.
'I stand here with a heavy heart and can't image the grief they are experiencing,' said prosecutor Joshua Warner.
He said Ivey has five more children.
The prosecutor said that's why they offered a plea.
He mentioned the 10-year-old who he said tried to grab his brother out of harm's way at the last second.
'Those children need their parents, Warner said about the child who witnessed it. '(He)tragically witness to these events needs his parents.'
The couple each received a suspended sentence of 19-32 months and 36 months probation.
The investigation revealed that there was no evidence of speeding or wrongdoing on the part of the driver, so she has not been charged.
District Attorney Travis Page explained, 'My heart is broken for a young boy that will grow up without a brother, a motorist that will never forget the sounds and images of a horrible accident, and candidly, for parents dealing with the unimaginable loss of a son,' said District Attorney Travis Page. 'There is no prison or punishment worse than a parent living with the knowledge their decision-making and their actions caused the harm of their own child. These parents do not deserve prison—they need mercy, they need grace, and they need a community to support them and other struggling parents in hopes that a tragedy such as this will never happen again.'
VIDEO: 7-year-old boy hit and killed near Gastonia grocery store
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