Mother receives probation after child killed in crash

CLEVELAND, OH (WOIO) - A mother, who allowed her young sons to get into a car with a man who admitted to drinking before driving, will avoid jail time.

Davina Hurt's 4-year-old son, Bryce, died in a September 2017 car accident, caused when Mario Wiley crashed a vehicle carrying the child and his 3-year-old brother, into a tree. The 3 year old survived, but was seriously injured.

According to police, Wiley was driving erratically and lost control of the vehicle.

Neither child was buckled up.

In November, Hurt pleaded guilty to endangering children, and Wiley pleaded guilty to vehicular homicide, driving under the influence and endangering children.

On Tuesday, Judge Hollie Gallagher sentenced Hurt to three years of probation, which will include drug testing, community service and parenting classes.

She will not yet regain custody of her surviving son.

"You have to do all the hard work to show me that, with the facts and circumstances that led up to this case happening, I feel comfortable that you're going to make good decisions for your children," said Judge Gallagher.

Hurt expressed regret for her part in her son's death, and she said she would do whatever she could to gain custody of her surviving child.

"I would give anything to bring my son back, and since I cannot make that so, I am determined to improve my circumstances," said Hurt.

Mario Wiley was scheduled to appear in court on the same day as Hurt, but his sentencing was rescheduled. He's expected back in Judge Gallagher's courtroom on Wednesday morning.

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