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Docs say fatal crash suspect didn't have license

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Posted at 5:15 PM, Jun 29, 2016
and last updated 2016-06-29 18:15:10-04

A 16-year-old girl is killed in a crash over the weekend.  Now some wonder why the driver was on the road in the first place.

A judge sets bond for Tyvinn Smith at 10% of $750,000 in jail court Wednesday morning.  Smith was recently punished for not having a license and fleeing from police, but was still able to get behind the wheel.

Janis Brown, 16, was killed in the crash the night of June 24 near 90th & Sorenson Pkwy.  Prosecutors say Smith, 27, was speeding when he rear-ended the vehicle with four people inside.  They say Smith had been drinking, and was high on cocaine and PCP.

"Yes my son was the cause of it and no he shouldn't have been driving regardless because the state has taken his license,” said Donita Smith.

In fact, Smith has been convicted of driving without a license four times within the last two years.

Here’s a list of his most recent convictions:

  • 9/22/2015-sentenced to 30 days for driving during revocation (arrested 7/14/15)
  • 9/18/2015-sentenced to 90 days for disorderly conduct and obstruction.
  • 9/17/2015-sentenced to 360 days in jail for felony operating a motor vehicle to avoid arrest (arrested 10/18/2014)
  • 9/17/2015-sentenced to 180 days for driving during revocation (arrested 7/13/15)
  • 9/12/2012-sentenced to 20-40 months in jail for felony failure to stop and render aid.
  • 2/17/2015-sentenced to 120 days for driving during revocation (arrested 7/16/2014)
  • 2/17/2015-sentenced to 120 days for driving during revocation (arrested 5/19/2014)
  • 1/28/2014-sentenced to 90 days for driving under suspension (arrest 10/30/2013)
  • 9/12/2012-served 7 months in prison for felony leaving the scene of an injury accident (sentenced to 20-40 months)

Officer Dennis Sexton with the Omaha Police Officer's Association is concerned as to why he was on the streets, and why his punishments weren't increased.

"At some point this stuff needs to stack up, time needs to be given to him, he needs to be shown that he can't continue to drive, can't continue to do these things,” Ofc. Sexton explained.

Janis' mother says...she hopes Tyvinn will remember his daughter's face.

"Was it difficult? Absolutely yeah, you have all these feelings and emotions that run through your body,” said Carlotta Vaughan, Janis’ mother. “I don't know that he understands the impact of what he did. I just don't.”

If convicted of motor vehicle homicide and DUI serious bodily injury, Smith faces 1-53 years in prison.