Judge Paul Jones gives man 20 years for driving drunk and killing two women

Pinching his nose with his index finger and thumb, Stephen Nisbet hid his head from more than 75 people in Lenoir County Superior Court Tuesday for his acts of reckless driving that killed two Harker’s Island women.

Slowly, Nisbet, 28, shifted the remaining fingers of his right hand to completely cover his face as a slew of testimonies from eyewitnesses — read aloud by state prosecutor Mike Muskus — described the events of April 26, 2008.

That Saturday morning, Nisbet — under the influence of drugs and alcohol — lost control of his 2000 Ford F150 travelling east on U.S. 70 towards Kinston, crossed a 10-foot wide grass median into westbound traffic and plowed into Gaskill’s 2002 GMC Denali, instantaneously ending the lives of Joyce Gaskill, 51, and Beverly Johnson, 58.

“Due to my emotional distress and mental health conditions, two beautiful, innocent lives are lost,” said Nisbet, who endured a fractured jaw and skull, crushed left foot, and internal injuries from the wreck. “I wish I could trade places with them. I wish it could be me instead.”

Nisbet cannot swap places, but justice will be served in the incident as he will serve 20 years in prison.

In light of the prosecution’s evidence, which included continued irresponsible behavior both on and off the road, Nisbet pleaded guilty to second degree murder and accepted a plea arrangement from the state.

“I remember Joyce and Beverly through the pain in my foot and ankle in each and every step I take, and because of this, I have seen and lived firsthand how short and fragile life is,” Nisbet added. “Johnson family, Gaskill Family and their many friends: I am sorry and to this court, I pray you have mercy.”

Terms of the plea

Although Judge Paul Jones had little mercy on Nisbet, as lobbied by the families of Gaskill and Johnson, several mitigating factors — brought up by the defense — reduced the maximum sentence of life without parole to 18 to 22 years in prison.

The victim’s families despite not getting their exact wishes, had one request fulfilled. Jones issued Nisbet a lifetime ban from driving on North Carolina roadways.

“Mr. Nesbit, I would like to forgive you, but judgment is not within my hand or my heart,” said Beverly’s son Dean Johnson. “I do, though, as a citizen of the state of North Carolina who has earned his privilege to drive on its roads that (Nesbit) should never — ever — be given that privilege as long as he lives.”

Before Jones made a final judgment on the case, a five-hour hearing, comprising of four sworn testimonies and six family impact statements, took place debating the sequence of events leading up to the fatal wreck.

“I am a reasonable man and I am, too, a man, but I would be lying if I said I hadn’t struggled with what happened,” said Beverly’s husband Doug Johnson to Nesbit. “Today in my heart I forgive, but actions bring consequences and I ask your honor this court do the right thing.”

The impact statements included family members recounting the little things missed from their mother and wife.

Dean described how he makes sure to clean every inch of his home in honor of his mother, Doug recited how Saturdays reflect a time of grief as that was a day of gardening shared with his wife, and Joy’s daughter Hillary Gaskill shared how a monogrammed Vera Bradley diaper bag given to her before she gave birth to her first son is a memorial of her mother.

“Remember that for each minute you spend behind bars, I would trade you double to hear my mama’s laughter again,” Dean said. “I would trade you all those years just to know that she would enjoy one more Thanksgiving, Christmas, or birthday with her family.”

The facts

The facts of the case, as agreed upon by the prosecution and defense, state Nisbet woke shortly after 9 a.m. per the badgering of his grandfather Marcellus Lanier, whose La Grange residence he resided at, to go to work at Central Heating and Air Conditioning.

Nisbet — hung over and fatigued from being out until 2 a.m. drinking — decided to skip work and head to his mother’s house in Winterville to sleep.

“Stephen is my only child left living — I love him very much and am sorry he has hurt so many people in this situation,” said his mother, Carol Nisbet. “I know he has hurt this family so much and I have prayed to God asking him to do the best he can for both sides. My heart goes out to these families that have lost their loved ones and my heart goes out to my son.”

Around 9:27 a.m. on April 26, 2008, Nisbet crossed into oncoming traffic at 70 mph and struck Gaskill’s car, going the speed limit of 55 mph, before coming to rest on a light pole off the right shoulder of the highway.

In Nisbet’s truck, State Highway Patrol Trooper Daniel McLawhorn found an open bottle of spiced rum two-thirds full and a can of condensed air — commonly used to clean computer keyboards — containing a toxic, known as Difluroroethane, capable of causing hallucinations.

Tests of Nisbet’s blood, acquired at the scene of the crime, by the N.C. State Bureau of Investigation showed traces of Difluroroethane and a blood alcohol content of 0.11. The legal BAC limit in North Carolina to drive is .08.

“Fear consumes me every time now my family or those close to me gets on the road,” said Hilary Brindley, who was waiting for her mother, Joy Gaskins, to arrive at her home in Buncombe County for a baby shower that fateful day. “Salvation requires me to seek forgiveness, but I pray your days are filled with restlessness and torment so you can feel the agony of your decision.”

A controversial cause

The mitigating factors disputed amongst defense attorney Bud Conor and Muskus pertained specifically to whether Nisbet lost control of the vehicle because of indulging in drugs and alcohol the morning of the collision or if Nisbet, diagnosed as epileptic, swerved as a result of having a seizure.

The defense used testimonies from expert witnesses Wilkie Wilson, a professor of pharmacology at Duke University, and Harold May, a Greenville psychologist, to argue Nisbet engaged in activities that enhanced his chances of having convulsions and did not possess the mental capacity to handle stress or use wise judgment.

In his testimony, Wilson, familiar with the effects of drugs and alcohol on the central nervous system, said those suffering from epilepsy increase their probability to have seizures if they are sleep-deprived, withdrawing from alcohol, or have had little to eat, all of which the defense contended fit Nisbet’s situation.

May, who spent three hours with Nisbet while in the Lenoir County Jail performing a psychological analysis, confirmed Nisbet had partial brain damage to the frontal and limbic lobes of his brain, the part of the membrane which controls emotions, and several disorders, including anxiety, attention deficit hyperactive, and oppositional defiant.

The defense particularly resounded with May’s prognosis that Nisbet’s brain would not reach full development until he was 30.

The counsel used the statement to contend any shift in mood — even a minor spat with his grandfather — could inhibit Nisbet, reeling from a decision of pulling his father’s life support and the recent suicide of his brother, from using wise judgment.

Learn from mistakes

The prosecution rebutted the defense’s claims with the fact Nisbet showed no remorse for his actions and ignored the warnings of law enforcement and doctors by continuing a lifestyle of irresponsibility.

Six months following the wreck, Muskus said Nisbet opened a MySpace account under the alias Bo$$Hog and filled his profile with pictures of a new truck “he f-ing loves,” and comments of getting messed up on alcohol and drugs and hatred towards law enforcement.

Muskus said the attitude is not new. Before coming to North Carolina from Austin, Texas, Nisbet had two outstanding driving while impaired convictions, one of which was on Randolph Air Force involving marijuana.

Those in the courtroom hoped the 20-year imprisonment helps Nisbet and will reduce drunk driving as a whole.

“I hope the experiences you have in your sentence sets an example to others and that it is not easy for you, but life-changing,” said Brent Gaskill, Joyce’s son. “While my sister said she forgives you, I cannot say that yet. True forgiveness comes only from God.”

Wesley Brown can be reached at 252-559-1075 or wbrown@freedomenc.com.