FARMINGTON — Kristine Nicole Biggs, who was shot in the eye by a Morgan sheriff deputy, is lucky she only lost an eye, her attorney said.
“Fortunately for her, Ms. Biggs was not killed,” said defense attorney Michael Edwards.
Biggs, 41, appeared before Judge Michael G. Allphin on Monday for a sentencing hearing. She was wearing an eye patch over her left eye.
Allphin sentenced Biggs to serve three years probation with Adult Probation and Parole. Biggs has moved to California and Allphin said if the Californian authorities approve it, along with the AP&P, she could serve her probation there.
Edwards said Biggs is going to face substantial medical costs due to the shooting that was ruled unjustified by the Davis County Attorney’s Office.
Edwards said the bullet entered her left eye and exited out of the left side of her head. Biggs also has no memory of what happened on Nov. 24, 2012, when she was shot by
Morgan Sheriff’s Sgt. Daniel Scott Peay after a 32-mile chase that started in Morgan County and ended in South Weber.
Biggs will need to get a prosthetic eye to replace her left eye, as well as undergo more surgeries, Edwards said.
Deputy Davis County Attorney Rick Westmoreland said if Allphin sentenced Biggs to jail or prison, it would end up costing the taxpayers between $30,000 and $50,000 in medical costs because of the treatments Biggs needs.
“We’re not trying to suggest this wasn’t a serious offense (by Biggs),” Westmoreland said about her evading officers and driving under the influence of alcohol.
Since Biggs’ release from jail in January, she has moved to California to live with her family while undergoing treatment for her alcohol addiction, Edwards said.
“I am determined to pay for what I did,” Biggs said through tears. “I need the support of my family. I can’t do it alone.”
Biggs pleaded guilty in January to one count of failure to stop or respond to the command of a police officer, a third-degree felony; and one count of driving under the influence, a class B misdemeanor.
Allphin said he would “stay” the mandatory $1,500 fine for the DUI conviction.
“Your honor, I don’t think you can suspended a mandatory fine,” said Deputy Davis County Attorney Rick Westmoreland.
“I don’t think I can, but I’m going to try,” Allphin said.
Allphin said Biggs would not have to pay the fine until her probation term was completed. If she completed her probation successfully with no violations, Allphin said he would see what he could do about having the fine suspended.
A warrant out of Colorado had been issued for Biggs’ arrest, which led to the chase in November. Biggs pleaded guilty in Colorado in November 2011 to menacing, resisting arrest and driving under the influence of alcohol. A warrant for her arrest was issued in November 2012 out of Colorado for failing her probation conditions.
The Davis County Attorney’s Office had issued a statement on Jan. 22 saying it would not press charges against Peay, even though they ruled the shooting to be unjustified.
Peay is still employed by the Morgan County Sheriff's Office.