Woman tries to withdraw guilty plea in fatal crash

In court in 2002, she said she was concerned for the victim's family.

By MOLLY MOORHEAD, Times Staff Writer
Published November 8, 2007

ADVERTISEMENT [Times files (2001)] Shanna West called her previous guilty plea "absurd." She was sentenced to 14 years.

DADE CITY - When she decided to end her long, sad court case, Shanna Jane West said she had caused enough pain already.

On Nov. 21, 2000, according to authorities, West got high on the date rape drug GHB, cruised up U.S. 41 in Land O'Lakes and crashed into an oncoming car as she was fading in and out of consciousness. Fifty-four-year-old Barbara Mercer of Dade City was killed, and three other people were injured.

As the case inched through court, West surprised prosecutors, her own attorneys and her family when she pleaded guilty to manslaughter by culpable negligence in 2002. She said she thought it was best for her and for Mercer's family.

A judge sentenced her to 14 years in prison.

But she quickly had second thoughts and began the process of reversing that decision.

Her court hearing was Wednesday.

West, now 28, testified that she was "out of her mind" the day of the plea after smoking marijuana and taking Valium. She said she wasn't being treated for any of her various mental disorders, including bipolar disorder, anxiety and depression.

She was confused and afraid, believing she could get 30 years in prison if convicted at trial.

"That plea was based on fear and confusion. I wasn't really there," she said. West, with long straight hair and wearing a blue jail jumpsuit, spoke clearly from the stand and frequently used formal language but avoided eye contact with her attorney.

Under cross examination, Assistant State Attorney Kristen Howatt read West's own words of remorse from 2002 back to her: "This was an accident, and I can't imagine what the family is going through. I just want it to be over."

West's reaction to that Wednesday: "Absurd."

"There had been no trial," she said. "There was no reason to believe that I was the cause of this."

The state also called her two former attorneys who had guided her through her change of plea. Both said she was more clear-headed that day than usual and seemed to understand the full consequences of her decision.

"She just wanted to put an end to it," said attorney Robert Ford.

The hearing lasted nearly four hours. Circuit Judge Pat Siracusa ruled immediately: denied.

He called her one of the least credible witnesses he's seen and scolded her for, in his words, being willing to give back the measure of integrity she gained by pleading guilty.

"You've spent time feeling badly, not for the life that you took but for the life of your own that you lost," the judge said.

Assistant Public Defender Dillon Vizcarra said the decision will be appealed.

Lindy Mercer, Barbara's widower, attended the hearing with their son and other family members.

He said he always expected West to change her mind.

"I knew once she got in prison, a reality check would come in," he said. "We don't take any pleasure out of it, but there's due process and it came out good this time."

Molly Moorhead can be reached at moorhead@sptimes.com.

[Last modified November 7, 2007, 21:35:30]