A Bay Minette man who admitted to causing a fatal traffic accident in Semmes five years ago will not have to go to prison, a judge decided Wednesday.
Mobile County Presiding Circuit Judge Wesley Pipes imposed a “split” 18-year sentence on Gary Dewayne Shivers Jr. The defendant will serve three years on “front end diversion,” which involves intensive supervision by the Mobile Community Corrections Center, followed by four years of probation. That will involve less-intensive supervision with fewer restrictions.
The judge also ordered Shivers to complete 200 hours of community service during the first two years and pay $7,900 in restitution to the family of Victor Lopez. Pipes told Shivers that he was swayed by comments by Lopez’s brother that he had forgiven the defendant. He said he also was eager to keep a close eye on him for the next seven years.Pipes warned Shivers that prison awaits if he steps out of line.Shivers, 32, pleaded guilty in September to reckless manslaughter. The wreck occurred in 2019 Schillinger Road South, south of Bordin Road. Prosecutors alleged that Shivers was high on methamphetamine when he collided with the other vehicle.
Because of a prior conviction, Shivers could have faced 10 years to life in prison. Allgood said front end diversion sometimes is called “prison on the street” because it is so restrictive. She noted that her client will not be allowed to leave the state and added that if he fails to report, he could be charged with escape, as if he broke out of a prison.
The fact that he will be able to sleep in his own bed, Allgood said, is a testament to the victim’s brother. She said he and Shivers had a chance to speak.Pipes told Shivers he was going “out on a limb” to give him an opportunity.Teenager sentenced to prison for 15-year-old Semmes girl’s fentanyl overdose
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