Miser sentenced, will serve six months in jail
Staff reporter
Truck driver J.B. Miser, 64, of Emporia was sentenced June 20 for his negligence that caused the deaths of two Marion women and injuries of a Marion teen-ager.
Miser was found guilty April 26 in Harvey County District Court of aggravated battery, two counts of vehicular homicide, and reckless driving.
Sentencing imposed was:
— For aggravated battery, 32 months in the custody of the Secretary of corrections. Miser could earn up to 4.8 months of good time credit and would be subject to 24 months of post-release supervision. No fine was imposed.
— One year in Harvey County Jail for each count of vehicular homicide. No fine was imposed.
— Thirty days in Harvey County Jail for reckless driving. No fine was imposed.
However, Miser will not serve that amount of time behind bars.
The defendant was granted a non-imprisonment sanction and placed on probation for 36 months with Lyon County Community Corrections.
Miser is required to serve 180 days beginning at 7 p.m. July 6, in Harvey County Jail. When the six months have been served, the balance of the 32 months prison time and 25 months jail time will be served through probation.
Attorney Doug Jones, who had served as Miser's attorney throughout the ordeal which began in Marion County in 2004, and ended June 20 in Harvey County, withdrew as counsel since Miser has become indigent.
A court-appointed attorney will represent Miser if and when Miser files an appeal.
Ashley Billbe, who was 16 at the time, was seriously injured in the May 10, 2004 crash that claimed the lives of her mother, Brandi Billbe, 40, and friend Lori Leeders, 43, all of Marion. Miser's tractor-trailer crashed through a construction zone on U.S.-50 near the Marion-Harvey county line, west of Peabody. The full-loaded rig struck the rear of the Billbe-Leeders vehicle, a 1996 Ford Econoline van, which was driven by Brandy Billbe. Ashley Billbe was in the back seat of the van at the time of the collision.
Miser, who suffers from diabetes and high blood pressure, reportedly told authorities after the collision that he had not taken his medication that day which could have contributed to the incident.
