Lexington man gets 5 years for DUI death of motorcycle rider

A 21-year-old Lexington County man has been sentenced to five years in state prison for the 2015 death of a young woman killed on the back of the motorcycle he was driving while drunk.

James Gainey Jr. pleaded guilty to reckless homicide and DUI in the death of Caitlin Clark, 19, who died in August while a passenger on Gainey’s motorcycle.

Gainey, then 20, had been on a drinking spree in Columbia’s Vista before picking up his friend Clark and heading down Saint David’s Church Road in West Columbia at a high rate of speed, according to evidence in the case.

Gainey lost control of his 2012 Honda motorcycle, which left the road, struck a fence and threw Clark. She died from massive injuries received in the crash.

During Gainey’s guilty plea at the Lexington County courthouse, state Judge Eugene Griffith sentenced Gainey to 10 years in prison, suspended to five. Griffith gave Gainey credit for the 192 days he was in the Lexington County jail before making bond earlier this year. When Gainey leaves prison, he will be on probation for four years.

During the hearing, Gainey expressed remorse and apologized to the Clark family, observers said.

“These type of cases are probably the most difficult cases,” said 11th Circuit assistant solicitor Todd Wagoner, explaining that the judge weighed all the facts in the case.

“It was a sentence that was within the bounds of the law,” Wagoner said. “The tragedy in these type of cases is that no one ever intends to cause a death.”

Clark family attorney Todd Ellis said, “This hearing was just one more step in a painful process for the Clarks. We appreciate the prosecutor’s office and law enforcement for their considerable work on the criminal charges.”

The Clarks and Ellis have filed a civil lawsuit against the Tin Roof bar in the Vista, alleging that the bar served Gainey numerous alcoholic drinks even though he was underage. Tin Roof has denied the charges; a trial might start later this year.

Gainey was drinking heavily at the Tin Roof on the night of Aug. 7 and continued drinking until about 1 a.m. on Aug. 8, according to the lawsuit. It is against state law to serve alcohol to persons under 21. Also, due to the number of drinks Gainey consumed, Tin Roof employees “knew or should have known Gainey was intoxicated,” the lawsuit asserts.

S.C. Highway Patrol Lt. Chris Shelton during the hearing asked the judge to give Gainey 10 years in prison, observers said. Reckless homicide carries a maximum 10-year prison sentence.

Laura Hudson, executive director of the S.C. Crime Victims Council, said in an interview, that “five years is too light a sentence.”

Five years “is not enough when you take a life,” Hudson said. “The courts have the ability to send out a message of what the community will tolerate and will not tolerate. A light sentence is not a good sentence.”

Gainey was represented by attorney Hank Burriss.

Wagoner said, “These are very emotional cases for the victims, very emotional for law enforcement, I can only imagine what goes through a judge’s mind when they hear this type of tragedy.”

This story was originally published July 15, 2016 at 6:23 PM with the headline "Lexington man gets 5 years for DUI death of motorcycle rider."