Sons plead for tougher penalties after mom killed in crash by super speeder: 'I miss her laugh'
JOHNSTON COUNTY, N.C. (WTVD) -- Ryan Moeller and James Fowler will tell anyone that their mom, Joan Drake, was the best.
63-year-old Joan Drake moved from New York to North Carolina in the early 90s, when Moeller was just three years old. "It was just me and her for a while growing up down here, single mom being a nurse," Moeller shared.
A nurse by trade, but her sons called her a true nurturer at heart.
"I miss her laugh. Her laugh was infectious. She started laughing right now. Like, we would all just start laughing," said Fowler, her youngest son.
But her laughter stopped in June 2023. Drake was killed in a crash on U.S. 70 in Clayton. "My first words were, Is my mom okay? And he didn't answer," Fowler recalled the phone call he received from police notifying him of her death.
According to court paperwork, Drake was turning left onto Financial Drive when a driver collided with her car.
"I was just so angry and hurt. I didn't know what to do. I was just screaming, She's dead, she's dead, she's dead. I was bawling," said Moeller.
The driver who crashed into Drake was a teenager at the time, under the age of 18 years old. According to the court documents, responding investigators said the driver was traveling at speeds of 98 miles per hour when he hit Drake's car. The posted speed limit was 55 miles per hour.
The driver was later charged with misdemeanor death by vehicle and pleaded guilty last year. He was sentenced to 18 months' probation and community service.
"How do you go that fast? Kill somebody, and then your punishment was a year and a half at home with your mom," Fowler asked in frustration. "You took the most important person in the world away from me senselessly," he continued.
Drake's family filed a civil suit and was awarded a judgment of $5.1 million. But it's money, her family said they will never receive. "There are no recoverable assets from the teenager. With no recoverable assets, insurance is only liable for the maximum payout. And most people, especially in North Carolina, only have the minimum," Moeller explained.
ABC11 Eyewitness News spoke with the family's attorney, who said the insurance company will pay out the liability limits soon.
We also reached out to the attorneys who represented the teen driver in this case. His criminal defense attorney did not want to comment, but William Kesler, who represented him in the civil suit, called the accident "tragic." Providing this statement:
"Speed was clearly a factor in the accident and its devastating consequences. If anything can be learned from this accident and the judgment by the Johnston County jury, let it be that everyone should take a moment when behind the wheel to be mindful of your fellow drivers on our roads."
His client is not appealing the court's judgment.
"We think his behavior was a symptom of a bigger issue. Which is the dangerous roads in North Carolina" said Fowler.
Now they are hoping their story of loss can prompt new legislation that could lead to stiffer penalties for drivers who reach high rates of speeds in a fatal crash. "It's not right. Our goal is to bring this to legislation, to get the law changed. You should not be able to go 40 plus over the speed limit. And kill somebody and only get charged with a misdemeanor," continued Fowler.
Drake's family hopes to work with North Carolina lawmakers and advocates to get a bill drafted. Until then, her family will rest in all the good memories and moments they shared.
