How Could You? Hall of Shame-Derek Lee Rakes case-Adult Foster Child Death

The mother, son and another passenger were coming from The Ville where Gordon said she added more beers to the alcohol she’d already consumed before going to the bar.

Rakes was partially ejected from the truck and died of head injuries. Evidence surfaced on Wednesday that Gordon took her son’s keys to protect him.

In December 2015, Gordon pleaded guilty to manslaughter, but her sentencing was delayed so probation officers could prepare a report for the judge to consider when deciding her punishment.

Mount Rogers counselor Judy Fiebig testified on Wednesday that Rakes’ death had left Gordon distraught and upset and had affected her sleep and appetite.

Gordon voluntarily sought help from Mount Rogers after the wreck and was diagnosed with and treated for major depression.

Asked by Deputy Commonwealth’s Attorney David Saliba if Gordon had addressed her substance abuse problem as well, Fiebig said that “she has stopped.”

Gordon’s friend Rosemary Holly said that Gordon raised Rakes like he was her own son.

“She’s always crying over him, talking about how she’s missing him,” Holly said.

Holly said she didn’t believe that locking Gordon up would help society.

“I think she’s suffered enough,” Holly said. “She’s really no threat to nobody.”

Sylvia Gordon, Delores Gordon’s younger sister, said that Delores Gordon would have gladly given her life for her son.

She testified that her sister had tried to commit suicide after the wreck and told her that she intended to go to Rakes’ grave and take her own life.

“Derek was Delores’ son in our eyes,” she said.

Even Rakes’ biological father, Larry Bomar, urged leniency.

“She’s taken it really hard,” he said.

Saying that no one believed Gordon intentionally set out to kill her son, Saliba said that the justice system needed to send a message to the community.

“You can’t drink that much and drive, and if something happens, you have consequences for it,” he said.

State sentencing guidelines suggested a punishment of 10 months to two years behind bars, but judges aren’t required to follow the guidelines.

In arguing for a lesser sentence, Austin said that Gordon was punished in 2014 when her son died.

“She’ll never escape that,” he said. “…We would ask the court to have mercy on her.”

Saying that he was moved by Wednesday’s testimony and the support that Gordon received in court, Showalter said that “many lives were changed that evening.”

“He’s on my mind constantly,” replied Gordon, who cried and dabbed her eyes with tissue throughout the hearing.

After asking Gordon if she had a landline telephone, Showalter sentenced her to serve 10 months on home confinement where she’ll likely be monitored with an ankle bracelet. After her release, she’ll be on supervised probation for five years.

“To honor your son, you are not to drink anything,” Showalter said.”

Rural Retreat woman sentenced in foster son’s death [Herald Courier 3/10/16 by Jeffrey Simmons]

REFORM Puzzle Piece