Harvin sentenced to 14.5 years for Ledyard pool crash
Marcus T. Harvin, convicted of drunken driving, assault and other charges stemming from a crash into a Ledyard pool two years ago that left his daughter with a permanently disabled right arm, was sentenced to 14.5 years in prison Tuesday during an emotional hearing in New London Superior Court.
Alcohol was his downfall, Judge Barbara Bailey Jongbloed told Harvin as relatives, representatives of Mothers Against Drunk Driving, the Ledyard pool owners and police who had responded to the horrific crash on May 25, 2014, listened from the gallery.
The judge said she could only imagine how difficult the ordeal was for Harvin's children.
Two-year-old Miah Harvin's arm was nearly severed in the crash, and she underwent six surgeries at Yale-New Haven Hospital.
Four-year-old Mariah Harvin suffered a less serious injury but was badly shaken, according to testimony.
"The debris field, as described in testimony, was astounding," Jongbloed said. "The image of the car upside down in the pool with the children crying I'm sure is something the first responders and homeowners will never forget."
Harvin, a 27-year-old former AT&T salesman, had turned down an offer from the state to plead guilty in exchange for an eight-year prison sentence.
On the eve of his trial in March, he fired his attorney and announced he would be representing himself.
Attorney John Williams had sat with Harvin, serving as "standby counsel."
A six-member jury took less than three hours to find him guilty of second-degree assault with a motor vehicle, driving under the influence, two counts of risk of injury to a minor, two counts of first-degree reckless endangerment, reckless driving, interfering with police and engaging police in a pursuit.
It was his second conviction for drunken driving.
According to the evidence, Harvin had taken the children to one of the area casinos, consuming several drinks and driving with a blood alcohol concentration of 0.293 percent, more than three times the 0.08 percent legal limit, with the two children in the back seat of his Acura TL.
Alerted by a driver who came upon Harvin asleep at the wheel at the intersection of Routes 12 and 2A, Ledyard officer Jason Pudvah spotted the car at the Henny Penny on Route 12, according to testimony.
Harvin took off at high speed, nearly running other cars off the road as he drove south.
Pudvah said he stopped the pursuit out of concern for the children, but continued along Route 12 until he came upon the crash scene at the intersection of Long Cove and Baldwin Hill roads.
Harvin had struck a utility pole at high speed, causing the engine and transmission to separate from the car, which became airborne and struck several items, including a guardrail and fence, before landing upside down in an in-ground swimming pool.
At the sentencing, prosecutor Sarah W. Bowman told the judge she thought 20 years was an appropriate prison term based on the charges and the damage Harvin had caused.
The judge could have sentenced Harvin to 40 years based on the charges.
The girls' mother, Raysheda Humphrey, said she had taken a vacation away from her children for the first time in May 2014, leaving them with their father, "who was supposed to be taking care of them, but instead put them in harm's way by drinking and driving."
It was the worst day of her life, she said.
She told Harvin she forgave him but that he needed to be punished.
Homeowner Loretta Kent sobbed as she recounted waking to the sound of the crash, hearing screaming and having no electricity due to the downed utility pole.
The images from that night still cause her "high anxiety," Kent said. Loud noises bother her, she said, and she finds it hard to relax and enjoy her own yard.
The Kents paid a $5,000 insurance deductible to repair the damage and had additional medical expenses, according to testimony.
"Mr. Harvin needs to understand and take responsibility for the fact that the moment he chose to put his children in the car and drive, he showed he had no concern for anyone but himself," Kent said.
Harvin and his family implored the judge to spare him a lengthy sentence.
"I apologize to all parties involved," said his mother, Stephanie Harvin. "I never, ever raised my kids like this. My son is not a bad kid, but he made a bad choice. I always tell him to own up to the things he's done. He loves these kids with all his heart. Everybody knows that."
Harvin said he could never erase the incident, but could, from now on, be the best father to his children.
He said they consider him "a superhero" no matter what he did, and he wants to be able to help their mother raise them and support them financially.
"If the court decides to put me away for a long time, they will lose one of the most valuable assets, a father," Harvin said.
Jongbloed said that in crafting the sentence of 23 years in prison, suspended after 14.5 years, followed by five years probation, she considered a presentencing investigation by the Department of Adult Probation that recommended a lengthy period of incarceration and probation.
She said she considered Harvin's age and prior conviction for OUI, his family background and the impact of the crime.
"He had a good job and many opportunities," she said. "He was a productive member of the community. The defendant certainly has a history of substance abuse, which the (presentencing investigation) reflects he continues to minimize and deny."
The judge said Harvin could have stopped at a number of points on the night of the incident.
She said the children, who are too young to fully understand what happened, will one day have to process that their father endangered their lives.
Over Harvin's objection, Jongbloed imposed a protective order that prohibits Harvin from unsupervised contact with the children until 2030, when they both will be adults.
She also ordered Harvin to make restitution to the Ledyard property owners and noted the actions of the first responders that night had been heroic.
"You call it a mistake, but the driving and the drinking you did was intentional," Jongbloed said. "You are not a bad person, as you indicated. But you do have a problem."
Harvin's driver's license will be suspended for a year upon his release, and he will be required to use an ignition interlock device on his car for two years after his license is restored.
Comment threads are monitored for 48 hours after publication and then closed.