Appeals Court Upholds 24 Year Sentence In DUI Manslaughter Of Two

March 13, 2015

The First District Court of Appeal has affirmed a Escambia County trial court decision to send a woman to prison for DUI manslaughter for a 2012 crash on I-10 that claimed the lives of an adult and child.

Kimberly Renee Rodrigues was sentenced in November 2013 by Judge W. Joel Boles to 24.45 years in state prison for of two counts of DUI manslaughter, one count DUI causing great bodily harm and one count DUI causing property damage. She was convicted following a two-day trial, and later filed an appeal.

Rodrigues had been free since December 2013 on a $165,000 appeal bond awaiting the appellate court’s decision. After the conviction and sentence were upheld, she was booked back into the Escambia County Jail Thursday afternoon.

The Florida Highway Patrol says Rodrigues was traveling west on I-10 near the Pine Forest exit about 4:40 a.m. on  October 21, 2011. Prosecutors said she was traveling approximately 86 miles per hour when she slammed into the rear of a delivery truck driven by Melissa Lynn Lyublanovits, 44, of Pensacola.

Moments later, a GMC Yukon driven by Riviera Beach resident Lovett Cummings approached in the outside lane and swerved to avoid Rodrigues pickup.  Cummings barely missed Rodrigues’ truck but his Yukon then rolled several times before coming to a rest in the trees on the north shoulder of the Interstate.

His 11-year old son, Lovett Deshun Cummings II, was ejected and died on the scene, while his 71-year old father, Lovett Junior Cummings,  was also killed in the crash.  Cummings’ mother was seriously injured and was airlifted by  Life Flight from the scene. The delivery truck driver was unhurt.

Shortly after the crash, Rodrigues’ blood alcohol content was determined to be 0.166/0.170, over twice the legal limit.

Pictured above: A pickup involved in an October accident on I-10. (Note: The tractor-trailer in the photo background was not involved in the crash.)The scene  on I-10 in Pensacola where two people were killed in a multi-vehicle accident in October 2012 NorthEscambia.com file photos, click to enlarge.

Comments

17 Responses to “Appeals Court Upholds 24 Year Sentence In DUI Manslaughter Of Two”

  1. john on March 16th, 2015 6:49 am

    Trying to rationalize are actions to escape responsibly, I’m afraid what America has sunken to, and this will aid in our future downfall. She may be a good person, she may be a loving mother, she may be a loving wife, but at the end of the day in our society there must be law and order to have peace, and you do this by making examples out of certain people.

  2. Just to Clarify on March 16th, 2015 5:40 am

    @jeeperman… She petitioned the court to remove the monitor because she had major surgery. It was only removed for the length of time she was in surgery and in the hospital, then put right back on.

  3. DavidHuieGreen on March 14th, 2015 10:45 am

    REGARDING:
    “But I don’t understand how she is fully liable and responsible for their deaths.”

    Her illegal activity was the initiator of the misery which followed.
    THAT is why she is liable.

    Yes, the others could have avoided it by being lawfully buckled in or by being more cautious or by taking another road or time, but none of that would’ve mattered in this case had she not been driving dangerously as a result of her decision to drink to excess and drive like a maniac.

    This is very sad and repeated many times daily.
    (Self-driving cars should help in the future.)

    David for less misery

  4. jeeperman on March 14th, 2015 10:43 am

    abc123,
    If she has been booze free since the incident, why did she petition the court soon after to remove the alcohol monitor?

  5. smh on March 14th, 2015 4:12 am

    MK … TOTALLY AGREE!!! Abc123 all i can say is U PLAY.. U PAY… SHE CAUSED IT SHES FULLY RESPONSIBLE!! GLAD U WERNT ON JURY DUTY FOR THIS ONE! EVERYDAY SHE NEEDS TO B REMINDED JUST AS THE FAMILYS THAT LOST THERE SON, FATHER HUSBAND ECT… SHE IS RIGHT WHERE SHE NEEDS TO B! #JUSTICESERVED

  6. mk on March 13th, 2015 10:45 pm

    abc123, are you freaking kidding me? The victim should bear some of the blame? What are you thinking? That is like saying a woman who was raped should be blamed because she was wearing a short skirt. Your reasoning is exactly what’s wrong with our society today. I’m sorry her life is ruined but she made that decision, not the victim. Quit trying to displace blame for her ignorance.

  7. melodies4us on March 13th, 2015 9:19 pm

    God bless her.

  8. Freda Whaley on March 13th, 2015 6:36 pm

    My gut reaction is to feel sorry for her. But the people she killed don’t get a second chance. She chose to drink and she chose to drive. Now she has to pay for what she did. She ruined so many lives that night. Including her own.

  9. In response to "thinker" on March 13th, 2015 6:26 pm

    Sentence does not fit the person. Never been in trouble prior to this accident and has been alcohol-free ever since. Depression does a lot of things to people and I urge anyone with this issue to go talk to someone. There is also no chance for parole in Florida anymore. Yes she made a huge mistake, but she has a family as well. Some of the testimonies in court were also much different than what was originally said. Makes you wonder… Also, they fail to mention that the driver of he Yukon admitted to his passengers not wearing seat belts. Not tying to switch blame but it was a factor. Thank you to those that care about all parties. RIP and many prayers

  10. abc123 on March 13th, 2015 4:28 pm

    It is an unfortunate situation for all parties involved. But I don’t understand how she is fully liable and responsible for their deaths. Her vehicle only made contact with the delivery vehicle, in which no one was injured – not the vehicle that swerved. Yes, I get that the driver swerved to avoid the crash in front of them that she caused, BUT was the driver of that vehicle speeding? Following too closely? Distracted in some other way that impaired their reaction? Though he lost his son and father, which is an unimaginable and tragic loss, it seems some of the responsibility would lie on him.

  11. Mike Davis on March 13th, 2015 1:49 pm

    It’s a sad situation no matter what. This all I got to say! People drive intoxicated all the time and think they can drive because all I had was 3 or 4 beers. Something as innocent as going out and enjoying yourself with friends and then driving home after can be the worst mistake you will ever make. Something as easy as not seeing that stop sign or disabled vehicle can change your life forever if you are a .08 or higher. If your so error it’s a crash with serious injury or death. If you had those 3 or 4 beers and decide to drive, it’s 25 years in prison. Great jog FHP and DD.

  12. Thinker on March 13th, 2015 11:55 am

    Compassion: If this is her first and only DUI, and we don’t know from the report, then this sentence is pretty tough. Parole is a possibility. If it is not her first conviction for DUI, then very sorry, rehab was available and the sentence is appropriate and maybe should have been worse. But remember that alcohol usage causes a build-up of tolerance so that larger amounts can be in the bloodstream with less effect. Education on the effects fof alcohol and its consumption (and driving at night) should be given to all teens. Meanwhile, the surviving family members should have the option to be part of her rehabilitation while incarcerated, if they have it in them. Forgiveness is powerful if she is psychologically fit to benefit. (Not a hardened sociopath,, etc.). Such victim administered caring can be a substitute for loss of a child. Can we get beyond “sad”?

  13. mick on March 13th, 2015 9:42 am

    So the appeal process was for what? A lighter sentence? lives lost and a life ruined all because of the legal, acceptable DRUG – ALCOHOL.

  14. aga on March 13th, 2015 9:28 am

    This is a sad situation for everyone involved. Two lives lost, one life ruined and countless friends and family members undoubtedly affected by this tragedy. Alcohol doesn’t mix with selfish stupidity.

  15. Bama on March 13th, 2015 7:17 am

    Finally someones gonna pay for being uncaring ,, i still find sentence to easy , but i hope never paroled

  16. Honest John on March 13th, 2015 5:59 am

    I’m sorry I have no sympathy for this person .DO THE CRIME DO THE TIME.

  17. Gman on March 13th, 2015 4:44 am

    To long for justice to begin being served. The family lives with the death/loss of their loved ones everyday from day one.

Written by William Reynolds · Filed Under News