CLARKSVILLE, TN (CLARKSVILLE NOW) – The man who was convicted of DUI in the 2021 Tiny Town Road crash that killed 21-year-old Kaitlyn Harris and injured her infant son was sentenced Wednesday to the maximum 11 months and 29 days in jail.
Zachary Michael Schunn, 35, was found guilty on March 30 by a Montgomery County jury on four counts of DUI but acquitted of all homicide and assault charges.
How 2021 fatal wreck unfolded
The crash happened around 8:30 a.m. on May 5, 2021, when Schunn’s silver SUV crossed into the passing lane near Tiny Town Road and Peachers Mill Road, striking Harris’ vehicle head-on, according to previous reports.
Reginald Bailey and several other bystanders rushed to help after witnessing the wreck. During the trial, Bailey told jurors he observed the silver SUV swerving “in and out of traffic,” and he was on the phone with 911 when the collision happened. He rushed to Harris’ vehicle, describing her as unconscious and trapped. Bailey and others worked together to retrieve the baby from the car while waiting for first responders. Bailey’s dashcam footage was shown in court.
A toxicologist with the Tennessee Bureau of Investigation testified that Schunn had 81 ng/mL of Ambien in his system and a 0.149 BAC, according to previous reports.
Dr. Jonathan Lipman, a toxicologist and neuropharmacist, told jurors Schunn had a long history of insomnia and alcohol abuse disorder. He testified that Ambien can have rare adverse reactions including unknowingly taking additional doses, sleepwalking and even sleep-driving. Lipman said Schunn’s medical history put him at a higher risk for adverse reactions and that he should never have been prescribed Ambien.
Schunn took the stand in his own defense, describing years of worsening insomnia that he first reported during his Army deployment to Afghanistan in 2011, according to previous reports. By 2019, he was stationed at Fort Campbell. Schunn said he turned to binge drinking when nothing else helped, and he was eventually prescribed Ambien.
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Schunn told jurors he remembers going to bed the night before the crash and nothing else until he woke up in the hospital from his injuries. He testified he was unaware he had taken more doses, drank alcohol, put on his Army uniform and got behind the wheel.
Victim’s mother: ‘We mourn the future that was stolen from her’
Harris’ mom, Kelly Vargas, gave a victim impact statement in court this week. “There are no words that can truly express the pain our family endured,” she said.
Vargas said Harris had so much to look forward to, adding that she had just enrolled at Austin Peay State University to “build a better future for herself and for her son.” She said the guilty verdict delivered for DUI but not homicide was difficult to understand.
“We don’t just mourn the daughter we lost,” she said. “We mourn the future that was stolen from her. … No parent should ever have to bury their child. There is not a day that goes by that I don’t miss hearing her laugh or seeing her smile. I miss her voice, I miss her hugs (and) I miss the love that she brought into our lives simply by being herself.”
Vargas said Harris’ greatest joy was being a mom. “She should be here with him to watch him grow up,” she said. “Instead (he) will grow up hearing stories about his mother instead of making memories with her.”
Harris’ son was 9 months old when both of his legs were broken in the crash. “He experienced unimaginable pain and trauma,” Vargas said.
Defendant’s family: ‘The joy had gone out of him’
Schunn’s grandmother, Patricia Hayward, said he changed after his deployment to Afghanistan. Hayward said Schunn enlisted at 18 when he learned he had a baby on the way that would have a “major birth defect” and wanted to provide for his family. When he returned from his deployment, she said, “the joy had gone out of him” and he was stressed.
Hayward described his condition after the accident, saying he was “put back together with screws and metal plates,” adding that he is constantly in physical pain. She told the court she had not seen Schunn drink or take drugs since the crash.
She asked the court to consider Schunn’s children in sentencing. “I’m asking for a judgment that will acknowledge the pain while allowing (his son) to keep his father, and for everyone to heal and find some peace,” Hayward said.
Schunn apologizes to victim’s family
Schunn apologized to Harris’ family. “I cannot imagine the grief, pain and anger that you may feel,” he said. “Please know that I’m deeply sorry for the hurt the situation has caused.”
Schunn told the court he has made efforts to change his life and ensure this does not happen again in the years since the crash, adding that he has remained sober and been in counseling.
“While I know nothing can undo what’s happened, I’m committed to living in a way that honors the seriousness of that loss and contributes positively to others,” he said. “I have hopes of going to school in the medical field so I can spread awareness and possibly prevent someone else from going through what I experienced.”
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Schunn asked the court to consider a reduced sentence, saying he’s the “primary residential parent” for his 4-year-old son.
Attorneys argue over minimum vs. maximum sentence
Assistant District Attorney Nathaniel Sherman asked for Schunn to receive the maximum penalty for the DUI charge. Sherman said the “offense involved more than one victim”: Harris, her son and a third driver whose vehicle was hit in the chain reaction.
Sherman also argued the personal injuries and damage were severe. “The testimony from the medical examiner was that Ms. Harris had half a dozen wounds that each independently could have been fatal,” he said.
He also argued another enhancement factor, claiming Schunn had “no hesitation on committing a crime when the risk of human life is high.” Sherman added that in addition to Harris’ death and her son’s injuries, Schunn “nearly struck some other cars.”
Defense attorney Chris Clark asked the court to impose the minimum 48-hour sentence. Clark pointed to Schunn’s background, saying he had “no criminal history” besides the DUI and that he was “honorably discharged from the military” after 11 years of service. He said Schunn had started counseling and that the pre-sentence report encouraged continued treatment.
“The proof at trial was that he was not consciously aware of his actions because of taking prescription drugs,” Clark said, adding that incarceration would not be necessary for “general deterrence.”
Clark argued the DUI conviction was based “solely on strict liability” and said the jury found Schunn “not guilty on anything dealing with state of mind.” He added that most first-offense DUI defendants in Montgomery County receive the minimum sentence.
Schunn given maximum sentence
Judge Robert Bateman ordered Schunn to serve 11 months and 29 days in the Montgomery County Jail for the first-offense DUI charge. “This is not a usual DUI case,” he said, adding Schunn will serve the maximum penalty to “avoid depreciating the seriousness of this offense.”
Bateman said Schunn must also pay a $350 fine and will lose his driving privileges for a year.
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