‘His social media posts show Miller Time.’ Victim’s mom doubts driver’s remorse for fatal DUI crash

Emotions ran high Friday in Fayette Circuit Court as a man was sentenced to seven years in prison for manslaughter in the death of a passenger in a drunken-driving crash.

“I just want to say I’m sorry,” defendant Michael Poe told the family of Nick Rucker in court. “It breaks my heart that it happened.”

Poe, 24, said he considered Rucker, 22, a “brother.”

But Diane Clift, Rucker’s adoptive mother, said during a victim-impact statement in court that Poe hasn’t shown remorse or a change in behavior.

“If a victim-impact statement is supposed to sum up what I want, I’m afraid it’s beyond the court’s control,” Clift said, because she wants Rucker alive and back home.

“I want the defendant to truly know what you have done, the damage that you have caused,” Clift said. “We see no change in his behavior. His social media posts showing Miller Time and drinking. … Of course he’s going to show remorse today. His tail is on the line. I’m sorry, but that’s the way I feel.”

In April 2016, Poe crashed and flipped the Ford Mustang he was driving on Athens-Boonesboro Road. Rucker, an Eastern Kentucky University student, was thrown from the car and died at the scene.

The investigation revealed that Poe had been driving 120 mph before the crash and was under the influence of alcohol.

Poe entered a conditional plea of guilty to second-degree manslaughter and driving under the influence. A conditional plea means that Rucker’s attorneys plan to appeal how evidence was obtained.

Defense attorney Jerry Wright said the defense objects to blood-alcohol evidence that was obtained through a court order rather than through a search warrant.

In the meantime, Wright asked for a hearing in which Judge Thomas Travis will be asked to consider setting an appeal bond for Poe. That would open the possibility that Poe, who went to jail Friday, might be released while his case is on appeal.

Assistant Commonwealth’s Attorney Michael Barnett said there is “absolutely no reason” for a bond to be set for Poe.

Nevertheless, Travis scheduled that hearing for Monday.

“We’ll be here Monday, and we’ll fight this to the very end,” Clift said.

This story was originally published November 17, 2017 at 11:35 AM with the headline "‘His social media posts show Miller Time.’ Victim’s mom doubts driver’s remorse for fatal DUI crash."