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WEST JORDAN — Ashley Thacker Krause, president of Tiny Tim's Foundation, said Nile Thacker — her dad's cousin — was a "unicorn." She said he had a passion for the foundation's mission and was dedicated to it.
He was killed by a drunk driver while delivering trucks to hospitals for the holiday season, on Dec. 1, 2022. Since then, Krause said she has been unable to find someone to replace him as shop foreman.
"It has not been possible," she said.
Claude Nile Thacker, 75, was the happiest person at their shop and would go about the day whistling and singing, making the many volunteers feel at home. She said he put love, consideration and care into his work at Tiny Tim's Foundation, where he served full time since his retirement.
"The impact of his absence has been substantial. He is missed every day. ... We love him," she said.
Asael Paul Lyman, 73, of West Jordan, was found guilty in May by a jury of negligently operating a vehicle resulting in Thacker's death, a second-degree felony, and was sentenced on Monday to one to 15 years in prison.
'Loved by many'
Third District Judge James Gardner said despite Lyman's attorneys' concerns about him going to prison at his age and with a heart condition, a life was taken and justice demands he serve time in prison. He did give Lyman credit for the 229 days he has already spent in jail on the charges.
"He will be greatly missed and was loved by many," the judge said, referring to the many letters he received before the hearing.
Julie Thacker Merrill, Thacker's daughter, shared some of the things taken from her dad because of his early death, including teaching his grandchildren, singing them cowboy songs, taking them fishing or telling stories. She said her dad will no longer get to attend his grandchildren's concerts or weddings, travel to places he planned to go or volunteer at his church.
She also said he was unable to support his wife through her recent illness.
Merrill said hundreds or thousands of people were also likely affected by Thacker's death — people he could have helped and built relationships with had he lived longer.
She asked the judge to sentence Lyman to prison and said: "I really hope that he spends the rest of his life reflecting on the choices and joins us in speaking out regarding the devastation that can happen when alcohol is abused."
Deputy Salt Lake County attorney Andres Gonzalez said Thacker's wife's health deteriorated after the loss of her husband. He said he believes she died from a broken heart.
He said Thacker was driving with toy trucks in his car, delivering them to hospitals as part of his role at Tiny Tim's Foundation. He said Lyman, who was driving with his 6-year-old grandson, was going 89 mph when he drove "directly at" Thacker's car, killing him instantly.
"This was selfish; this was senseless. It didn't need to happen. ... He was an innocent person waiting to deliver toys to a hospital. He did not need to die that day," Gonzalez said.
Alcohol's influence
Lyman's attorney, Walter Bugden, said it is clear Thacker was a wonderful human being, calling him "a Mr. Rogers."
He said there's no question Lyman was guilty of driving under the influence, with a child in his car and performed traffic violations, but to be guilty of negligently causing Thacker's death would have required alcohol to be the cause of the accident, and they believe it was, instead, a medical emergency.
"It's not that my client is refusing to accept responsibility. It's that we think the jury reached an unfortunate, but wrong, result," Bugden said.
With Lyman's health, he said a prison sentence could end up being a death sentence.
Lyman said he remembers picking up his grandson and driving but has no memory of the crash, just some memories of the hospital afterward. While he was driving, he said he did not feel an impact from the alcohol — he simply passed out on the off-ramp. He said he did not realize how much alcohol was in his system.
"It wasn't the alcohol — even though the alcohol was wrong, and I realize that," he said.
Lyman apologized for the pain the Thacker family is going through.
Gonzalez said Lyman not taking accountability for causing Thacker's death is "concerning" and "infuriating."
In addition to negligence, Lyman was found guilty of driving under the influence, a class A misdemeanor, failure to stay in one lane, failure to obey traffic control devices and speeding. Gardner said the time Lyman served in jail satisfies the punishment for these convictions.
Correction: A previous version incorrectly spelled Julie Thacker Merrill's first name as July.
