CLINTON — A prison sentence not to exceed 10 years that was suspended last year was ordered to be imposed last week after a Clinton man who pleaded guilty to homicide by vehicle violated terms of probation for the second time.
Brandon M. Clary, 28, 607 Third Ave. South, was sentenced Nov. 12 on one count of homicide by vehicle by reckless driving, a Class C felony. According to an Iowa State Patrol crash report, Ashley M. Clary, 24, died July 26, 2019 when Brandon Clary, who was the driver of a 2000 Pontiac Montana minivan, lost control on 292nd Street east of 350th Avenue near McCausland, drove onto the south shoulder and over-corrected, causing the vehicle to roll.
The vehicle came to rest on the traveled portion of 292nd Street on its passenger side. Ashley Clary was ejected from the vehicle, came to rest approximately 13 feet north of the vehicle and suffered fatal injuries.
At sentencing, District Court Judge Mark Lawson ordered a sentence not to exceed 10 years be suspended. Lawson ordered a sentence not to exceed two years be suspended on one count of child endangerment, an aggravated misdemeanor. Clary was ordered to serve 10 days in the Clinton County Jail with credit for time served on one count of operating while intoxicated, first offense, a serious misdemeanor. The sentences were ordered to be served concurrently.
Clary in February stipulated to violation of the terms of probation. District Court Judge Joel Barrows in February ordered Clary to serve 120 days in the Clinton County Jail. Upon completion of the sentence, Clary was ordered to continue on probation under the terms and conditions previously imposed, including successful completion of the Residential Corrections Facility in Davenport.
Clary on Thursday again stipulated to violating terms of probation. After hearing arguments of counsel and statements of Clary regarding disposition, Barrows revoked Clary’s probation and ordered the sentence of imprisonment previously suspended be imposed. Clary was given credit for time served.