Clinton man given suspended prison sentence, probation in crash that killed wife

Brandon Michael Clary, 26, faces a charge of homicide by vehicle-operating under the influence,...
Brandon Michael Clary, 26, faces a charge of homicide by vehicle-operating under the influence, a Class B felony. He also was cited for failure to provide proof of financial liability, failure to maintain and driving while license under suspension. (KWQC/Clinton County Sheriff's Office)(KWQC)
Published: Nov. 12, 2020 at 2:41 PM CST
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CLINTON, Iowa (KWQC) - A Clinton man was sentenced Thursday to a suspended sentence of up to 10 years in prison and placed on three years of probation in connection with a crash that killed his wife in July 2019.

Brandon Michael Clary must reside in and complete the program at the Residential Correctional Facility in Davenport as a condition of his probation, Clinton County court records show.

If he completes probation, he will not have to serve the prison sentence.

The 27-year-old pleaded guilty earlier this year to homicide by vehicle, a Class C felony, child endangerment, an aggravated misdemeanor, and operating while intoxicated first offense, a serious misdemeanor.

The crash happened around 1:30 p.m. on July 26, 2019, according to an affidavit by the Iowa State Patrol.

Clary was driving a beige Pontiac Montana van westbound on 292nd Street in rural Clinton County and was just east of 350th Avenue when he left the roadway, overcorrected to the right, and rolled the vehicle, according to the affidavit.

The van came to a rest on its passenger side after rolling on the travel portion of 292nd Street westbound, according to the affidavit.

Clary’s wife, Ashley Clary, who was in the front seat, was ejected when the van rolled. The 24-year-old died from her injuries.

According to the affidavit, Brandon Clary was showing signs of drug impairment on the scene and at Genesis East Medical Center-East Rusholme Street, Davenport.

Testing of Clary’s blood and urine showed the presence of a controlled substance, according to the affidavit.

No insurance was found on the van and Clary’s license was suspended, according to the affidavit.

In his written plea filed in Clinton County District Court, Clary admitted that he drove the vehicle while under the influence of marijuana and/or had metabolites of cannabis in his system. He also admitted that his infant child was in the vehicle.

According to court records, District Court Judge Mark Lawson sentenced Clary to up to 10 years in prison on the homicide by vehicle charge and up to two years in prison on the child endangerment charge. He ordered the sentenced to run concurrently, or at the same time, and suspended them.

Lawson also sentenced him to 10 days in the Clinton County Jail on the OWI charge, with credit for time served. The sentence will run concurrently with the other sentences.

One count of homicide by vehicle, a Class B felony, was dismissed at sentencing.

Clary also must pay $150,000 in restitution to his wife’s heirs, court records show.

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