Fielding Kines sentenced to nine years

A Remington man will spend nine years in prison for a car crash that killed an 8-year-old boy.

On Monday, Culpeper County Circuit Court Judge John G. Berry sentenced Fielding Taylor Kines, 38, to nearly three times the suggested guidelines.

According to police and prosecutors, Kines was intoxicated when he lost control of his car May 16 on rural Lakota Road in northern Culpeper County. The car plowed through a fence and rolled several times, causing the victim, Orion Bickings, to be ejected.

Orion, the son of Kines’ girlfriend, died at the scene. Kines and another 5-year-old child in the car were not injured.

In the arrest warrant, a state trooper said Kines moved the boy into the car’s trunk after the accident, then drank vodka. The warrant also states that Kines may have been attempting to hide the severity of the accident from the 5-year-old and other witnesses.

Berry sentenced Kines to 10 years (four suspended) for involuntary manslaughter, five years (two suspended) for third-offense DUI and 12 months (all suspended) for driving on a suspended license.

The sentences will run consecutively.

“Obviously there is no way that a child’s life can be replaced,” Commonwealth’s Attorney Gary Close said following Monday’s hearing. “I was gratified that the court accepted our argument that the guidelines were not appropriate in this case.”

Assistant Commonwealth’s Attorney Thomas Smith questioned the presentencing report to point out that those guidelines — which suggested a sentence of less than four years — did not take into account all the factors in the case. Those factors included Kines placing Bickings’ body in the trunk and whether the children were wearing seat belts.

Smith called witness Phillip Meigs to testify, and he described the scene he found on Lakota Road shortly after the crash. Meigs said he asked Kines if he could help, but Kines declined. Meigs asked twice if anyone else was in the car, but Kines said no.

“I didn’t trust his reactions,” Meigs said. “I walked past him to the back of the car and saw the rear window was broken out. I walked back and saw the trunk open and saw a child in the trunk. There was (another) little boy in the back of the car shrieking.

“At that point (Kines) came around and said, ‘He’s in a better place now.’ And I said, ‘Be quiet.’”

Defense attorneys T. Huntley Thorpe and Robin Gulick called a series of character witnesses, including family members, friends and Kines’ church pastor.

Friend Allison Johnson, who works at a drug and alcohol rehabilitation center, said she would help Kines “return to society.” Older brother and small business owner Landon Kines said he would provide work for Kines upon his release from prison.

Matthew Smith, Kines’ cousin and vice president of Smith-Midland Corporation, described Kines as “like a little brother” to him.

“Fielding was the kind of person that when you met him you wouldn’t forget him,” Smith said. “He is caring, softhearted and non-violent.”

Smith said he was aware of Kines’ substance abuse issues and would, along with other family members, support him upon his release.

Rodney Smith, Kines’ uncle and CEO of Smith-Midland, also testified. He explained the circumstances that likely lead to Kines’ substance abuse, from his dyslexia to his father’s early death. Kines was visibly shaken during the testimonies, wiping his eyes with a handkerchief.

In his closing argument, Thomas Smith criticized Gulick and Thorpe’s focus on Kines’ substance abuse, asking, “What about safety on our roads? If he serves the maximum prison time, Orion would only be 24 years old when he gets out.”

Orion’s father, Vince Bickings, along with three of his teachers, grandparents and other family members, wiped tears as they awaited Kines’ sentence. The boy’s mother, Kimberlain Cruz, was not present.

“Who speaks for other children getting into a car with a drunk?” Smith asked. “Who speaks for the 5-year-old crying, asking for his brother? Who speaks for Orion? This court does. And asks for 16 years in prison.”

Before Berry delivered the sentence, Kines addressed the court in his own defense.

“Orion was a very happy, smart boy,” Kines read from a prepared statement. “He loved life. He loved playing with his brother and his mom. I can’t express my sorrow enough. I don’t think there are words to express how I feel.”

Berry explained that the guidelines were not proportionate to the offense, but that the court did not find Kines acted intentionally.

“The court doesn’t have any doubt about your remorse,” he said. “The court does believe you had in mind trying to escape the scene. Fear for both boys played some role in that … But this court has to leave behind all feelings of emotion, vengeance or sympathy.”

Catherine Amos can be reached at 825-0771 ext. 138 or .