A Bartow County man who killed his friend during a January 2018 DUI crash will spend between three and four months in custody, the Cherokee County District Attorney’s Office said Wednesday.
Allen McIntire, 63, was driving his vintage Chevrolet Nova at 83 mph on a narrow, winding road near the Bartow line when he lost control and slammed into a tree, killing 73-year-old Barry McMahon.
Credit: Cherokee County Sheriff's Office
Credit: Cherokee County Sheriff's Office
The crash occurred on White Road. The posted speed limit where the fatal wreck occurred is 35 mph, authorities said.
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A blood sample taken after the wreck showed McIntire’s blood alcohol level was .123, prosecutors said. He also had diphenhydramine in his system, an over-the-counter antihistamine known to intensify the effects of alcohol.
During McIntire’s Oct. 31 plea hearing, prosecutors recommended a sentence of 15 years with 10 to serve behind bars.
McIntire ended up pleading guilty to first-degree homicide by vehicle, driving under the influence, reckless driving and speeding, records show. He was sentenced to 10 years of probation with the first 90 to 120 days to be served in a state probation detention center.
He must also complete 240 hours of community service, enter a DUI risk reduction program, take part in a Mothers Against Drunk Driving victim impact panel, turn over his driver’s license and refrain from alcohol or drug use. He is also prohibited from having any contact with McMahon’s family.
“A man of Mr. McIntire’s age should be well aware of the dangers of drinking and driving,” Cherokee County District Attorney Shannon Wallace said. “His actions are indefensible. He consumed alcohol while taking an antihistamine, invited a friend to take a ride with him in a 600-horsepower muscle car, and then drove at a high rate of speed on a narrow country road. Alcohol impairs judgment, motor coordination and reaction speed. Had Mr. McIntire not been drinking and driving, this tragedy would likely have never occurred.”
McIntire was taken into custody Tuesday to begin serving his sentence.
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