Victim Impact Statements, On Hold, While Court Orders a Pre-Sentence Investigation Report

Anne Boswell Taylor
12 hours ago
2 min read

(Las Animas, CO) -- Wednesday was supposed to be a day for finality, closure, maybe some justice for victims who lost their mom in a Bent County auto-pedestrian death last year.

Instead, it will be more time to wait.

A pre-sentence investigation report now moves any action for the court to consider to July 9. The defense asked for the report for their client, Tina Tallman, the prosecution had no objections.

Many of us don't know, so we asked.

A pre-sentence investigation report is possible when a defendant enters a plea, the probation department must then prepare a report that will be used to determine the defendant's sentence. Things in the report include information about the crime, family background, education, employment record, past criminal record, and a sentence recommendation. The victims impact statement may also be used. The information is given to victims of crimes and also tells them of their right to include an impact statement for consideration.

Victim impact statements include thoughts and feelings and are often very emotion filled, such as this excerpt from Marian Collins, the victim's daughter.

"On the evening of the incident, December 8th, our family had gathered at St. Mary’s Church and sat together in the same pew we have been in for many, many years. The Church was filled with other people who were like family to us, and who have been there throughout our lives. As Church ended, everyone was walking out, and wishing each other good evening. This was suddenly interrupted by a scream and an unnecessary act of violence that was delivered right in front of the whole Church congregation. The people who witnessed this immediately went into action trying to help out, but the most significant thing was that the rock of our family lay dying in the street and there was nothing that could be done to change that."

Collins was present with her family in court ready to read her impact statement aloud, now it will wait until the next hearing. It was her mom, Susie Martinez who died when she was struck by a car on Highway 50 and Elm last December.

Defendant Tallman appeared in court Wednesday with her attorney who asked for the pre-sentence investigation to be completed before sentencing.

Bent County Judge Lance Clark stated that it would be a four to six week timeline to complete it and arranged for a July 9th, hearing at 2:30. Because of the large community turnout at Wednesday's hearing, this date will be a date only set aside for the business of determining Tallman's sentence.

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