By TERRY VAU DELL - Staff Writer
Chico Enterprise-Record

October 16, 2008

OROVILLE -- An intoxicated motorist, who caused the death of a popular Chico caterer while driving the wrong way on Highway 99, was Wednesday placed on probation and given 180 days in jail.

Calling it a "difficult and heart-wrenching" case, Butte County Superior Court Judge Robert Glusman noted Troy Lee Hovey, 37, had no prior criminal record and was actively seeking help for an alcohol problem at the time of the crash.

In a letter to the court asking that Hovey get the maximum of 10 years in prison, the pregnant widow of Amit Tandon, the deceased caterer, charged the defendant had "murdered" her husband and deprived their unborn son of a father.
Deputy district attorney Glenn Jennings also took issue with probation in the case, saying it would send the wrong message.

The prosecutor pointed out the former sprint car racing driver had nearly three times the legal limit of alcohol in his system. According to witnesses, he was going between 60 to 80 mph on The Esplanade when he failed to negotiate a sharp curve, crashed through a wooden barrier and started driving northbound in the southbound lane on Highway 99 about 9 p.m. Aug. 6.

After reportedly forcing one car off the road, the wrong-way driver collided head-on with Tandon's catering truck.
Tandon, 32, owner of Guzzetti's Catering and Indian Food, was killed. A second motorist driving behind him suffered minor injuries.

The judge Wednesday recalled having purchased food from Tandon at the Thursday Night Market, and remembered him as being very friendly.

But based on letters from friends and relatives, the motorist who killed him was also highly regarded, Glusman noted.
Last month, Hovey had pleaded no contest to a felony charge of gross vehicular manslaughter while intoxicated and driving with more than .08 percent of alcohol in his system, which could have carried from four to 10 years in prison.

At his sentencing Wednesday, defense attorney Jodea Foster contended Hovey rarely drank prior to gastric-bypass surgery last year to control his overeating. Following the operation, Foster said his client began substituting alcohol for food as an addiction.

Realizing he had a problem, Hovey had twice voluntarily admitted himself for treatment at Enloe's Behavioral Health Clinic and was in outpatient care at the time of the fatality, the defense attorney noted.

In a letter he sent to the widow of the man he killed, Hovey expressed deep remorse. "I have no excuses," he said, adding he only wished his words would somehow lessen the family's pain.

At Wednesday's sentencing, a victim-witness advocate said the caterer's widow, who is due to give birth in December, feared the stress of facing Hovey in court, and asked that a written statement be read to the judge.

"Troy Hovey is a murderer. ... He not only murdered my husband, he also murdered my dreams," Deepika Tandon wrote.

Asking that Hovey receive the maximum time in prison, the victim's widow added: "You stole a wonderful man not only from his family, but the entire community. ... He touched so many lives. He made Chico a better place to live."

Glusman found the statement "moving and eloquent" and said, "My heart goes out to her."

The judge pointed out he had presided over the DUI calendar, and often had "sentenced harshly." But the fact probation has not been prohibited in vehicular manslaughter cases indicates the Legislature wants judges to examine each case on its merits, Glusman said.

Given Hovey's lack of a prior criminal record or history of alcohol offenses, coupled with his obvious remorse and desire to overcome his current drinking problem, the judge said he fully expects the Chico man will "embrace recovery."

"I know this won't happen again," the judge added.

The Chico father of two was placed on three years probation and sentenced to 180 days in jail, though the county Probation Department has discretion to release him to an in-patient treatment facility.

The defendant also must complete a nine-month DUI school, install an anti-alcohol interlocking device on his vehicle and will lose his license for one year.

"If I find you're drinking, I'll be the last person you want to see," the judge warned the defendant.

Copyrighted article reprinted with permission.