The Thurston County jury convicted Kody Chipman of two counts of vehicular assault and one count of hit and run. The jury returned its verdict Monday afternoon after hearing closing arguments in the morning.
Deputy Prosecuting Attorney Heather Stone said outside court that if the judge imposes an exceptional sentence, Chipman could face up to 10 years in prison.
Chipman said he was on his way to a Narcotics Anonymous meeting when he struck Dee Cooper, 70, and his son-in-law Daniel Kitchings, 37, in the parking lot of the old fire station off South Bay Road while both were there to attend Kitchings’ son’s Boy Scout awards dinner.
The accident with the two men occurred after Cooper and Kitchings confronted Chipman in his car after he squealed into the parking lot erratically at a high rate of speed, Cooper and Kitchings testified at trial.
Chipman voluntarily opened the door of his car to engage in conversation with Kitchings and Cooper, Kitchings and others testified. Kitchings also testified at trial that he was concerned for the safety of his son in the parking lot and anyone else Chipman might encounter on the road.
Outside court Monday, Kitchings’ wife, Laura said, “They were doing what any other concerned parent would do in a parking lot full of kids.”
After an onlooker in the parking lot said words to the effect of “just call the cops,” Chipman drove off in reverse, hitting Cooper and Kitchings with the open car door, according to trial testimony. The force of the impact broke the driver’s side window of Chipman’s Subaru, court papers state.
Chipman sped off but was arrested a short time later by Washington State Patrol.
Cooper’s hip was fractured in two places. Kitchings suffered a traumatic brain injury and was placed in a medically induced coma.
Jurors heard testimony from Kitchings that he still has trouble with his short-term memory, and that he has had to relearn how to write and hold a fork and spoon. Kitchings added that he has problems with his endurance and can no longer work for his moving business because he becomes exhausted quickly and cannot hold a commercial driver’s license.
Kitchings said he also suffers from excruciating headaches.
Kitchings said outside court Monday that his fractured skull had to be reattached and is still healing. Laura Kitchings said doctors have told her he is lucky to be alive. “It’s a lifetime condition,” she said of her husband’s injury. “It doesn’t go away.”
Cooper’s granddaughter Brianna Cooper said outside court that Kitchings’ son Dylan’s first words to his father after he regained consciousness were “Thanks for saving my life.”
The Kitchings and Cooper family thanked the entire community for its support.
Chipman has prior arrests for negligent driving and driving while intoxicated. At the time of the March crash, he was enrolled in Thurston County Drug Court after a September 2010 arrest for possession of OxyContin without a prescription. He was not under the influence of drugs or alcohol at the time of the crash, according to court testimony.
Chipman is eligible for an exceptional sentence because the jury found that the injuries suffered by one of his victims, Daniel Kitchings, exceeded the standard of “substantial bodily harm.” Thurston County Superior Court Judge Paula Casey said in court that she will schedule Chipman’s sentencing hearing for later this week or early next week.
He will remain in custody at the Thurston County Jail pending his sentencing hearing.
Jeremy Pawloski: 360-754-5465
jpawloski@theolympian.com
