WINCHESTER — Driver Kelsey Marie Cadwell avoided imprisonment for killing a pedestrian in a crosswalk in 2016, but she will be jailed up to four months for leaving the scene of an accident while on probation for the death.

On Friday in Winchester Circuit Court, Caldwell had four months of her two-year suspended sentence revoked and must report to jail on July 22. The revocation was due to Cadwell fleeing after crashing into the side of the Blue Fox Billiards, Bar, Grill at 1061 Millwood Pike in Frederick County on Aug. 17.

The crash came about 10 months after Cadwell pleaded no contest in October 2017 in a plea bargain before Judge Alexander R. Iden for the Nov. 17, 2016, death of Virginia Dare Thompson. A month earlier, Judge Clifford L. “Clay” Athey Jr. rejected the plea deal and recused himself from the case. Court documents on Friday didn’t say why he rejected the deal.

Cadwell received a two-year suspended sentence that included a year of supervised probation followed by a year of unsupervised probation for killing Thompson. The punishment included 100 hours of community service, but Cadwell didn’t lose her license.

The crash occurred at about 2:45 p.m. while the 83-year-old Thompson was in the crosswalk on her way to catch a bus. Cadwell, initially charged with involuntary manslaughter, had a phone in her hand when she struck Thompson. Phone records showed she texted just before the collision, but prosecutors couldn’t prove she was texting as the crash occurred. It is illegal in Virginia to send or read text messages while driving unless it involves an emergency.

Cadwell was driving with a suspended license when she killed Thompson. Cadwell’s license was suspended because she didn’t pay a 2015 speeding ticket fine within 30 days and hadn’t paid a license reinstatement fee.

The Blue Fox crash caused $80,000 in damage, according to a criminal complaint written by Deputy Austin O. Stump of the Frederick County Sheriff’s Office. Cadwell was tracked down due to a license plate found outside the club that was knocked from the 2008 Honda Pilot SUV she was driving when she crashed.

Stump said Cadwell told him she fled the scene because she was afraid to contact police. On June 4 in Frederick General District Court, Cadwell, of the 12000 block of Old Valley Pike in Edinburg, pleaded no contest to reckless driving and leaving the scene of an accident, both misdemeanors. She received a two-year suspended sentence.

Given that the revocation involved a death, retired Judge Dennis L. Hupp, who was serving as a substitute judge, said he he was reluctant to accept the agreement because it only involved four months imprisonment. However, Derek Aston, senior assistant commonwealth attorney, said Cadwell will be on probation for another year after she is released from jail. Her probation would have expired in October for killing Thompson.

Asked in an interview after the sentencing why he hadn’t sought to have Cadwell serve the full two years of her suspended sentence, Aston said he wanted to balance punishment with the increased monitoring that was part of the extended probation.

“When she gets out, she’ll have a year and eight months [suspended sentence] and if she screws up again there an opportunity for her to serve that remaining balance of the sentence,” he said. “The need was to make sure we kept a watch over her. You could give her the entire sentence, but then you have nobody watching to make sure she doesn’t get in trouble again.”

Attorney David L. Hensley — who also represented Cadwell over Thompson’s death — said the punishment for the 26-year-old mother of two was fair for a first-time probation violation. “Yes, they could’ve revoked the two years, but I maintain four months is an adequate punishment,” he said.

— Contact Evan Goodenow at egoodenow@winchesterstar.com

(11) comments

fak874

She has 3 children not 2, and hasn't had custody of them in years. Those children are very well taken care of by their fathers and will continue to be. She just needs to get herself together so that her kids won't be ashamed of her when they get older

Momlife

Just a thought. First of all those of you talking about her children should be ashamed Of yourself.. maybe you should mind your own business when it comes to her children.. they are well taken care of always have been and always will be!!

winmet

Here two children should be taken away from and put in better homes than what she has been providing. She should also spend the rest of her life in jail for killing a person. This sentence that she received is unacceptable. The laws need to be changed to account for the loss of life. How do these lawyers and judge sleep at night???

skyhighnet

This lady cost my $10,000 in lost wages. I was working as entertainment there. When she decided to ruin 25 employees lives and take money out of their pocket. The incident escalated into me leaving a job I had for 10 years. I wanted to sue her and never could find out who she is. I hope she never drives again. I hope many things for her. Mostly bad. You are a threat to everyone you know and do not know. Lose your job and $10,000 and see how it makes you like someone that did this. And She Killed Someone!!!!! I don’t think she was driving at the blue fox. I think she covered for a man. Anyway you deserve far worse. I still want to get judgement against you!!!!! You really put a hiccup in my life and we never even met.

CRT

Aston says this deal will let them "keep an eye on her" longer. She was in supervised probation when this incident happened. What good is keeping an eye on her if you let her get away with it every time? She killed someone for goodness sake and could have killed someone else in this latest incident.

Conservative

Amen. She should be locked up for the rest of her life.

Violet

Wow. She should serve a whole lot more than 4 mths. Only 26 yrs old and what a mess she is and has 2 children too

pamdachs

Mother of two. Do you think they are safe in a car with her?

CRT

This is outrageous. She should be barred from ever again having a driver's license. And the fact that she's a mother of two? That shouldn't mitigate what she did at all.

fed up

Not much time for killing someone, is it?

Doug

It sure isn't

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