The news media has been great about misconstrued information, so I am going to speak of this for the final time and keep moving forward.
A day or two after the accident, a police officer came to the house to return to us Clay's high school diploma. In talking with him we expressed how bizarre we thought it was that Clay's phone pinged right up the road at Franklin and Linder where there is a gas station. In saying that, it peeked the officers interest and we gave him the information we had; which wasn't much. Just that his GPS showed him at that location at 1:23am. The authorities started an investigation and that is when they determined the facts to the situation.
The State of Idaho, NOT Mick and Andrea Tully, officially charged Cole with contributing to minors which is a misdemeanor charge. He was not charged with anything that had to do with Clay's death but of course those two coincide with each other given the circumstance, and most people didn't see that in the details.
I have heard a lot of comments that say those boys should have known better and he was 17, not a little boy and blah blah blah. Well my point is this: Yes, Clay knew he wasn't old enough to drink and he should know better BUT a 24 year old "adult" knows that you have to be 21 years old to legally drink and he should be the one who "should" know better than to buy beer for underage teenagers.
I don't know Cole Dyer, never even heard of his name before the accident. As far as I know, Clay didn't know him either. I have had mixed feelings about this situation with regards to Cole. I have always thought and believed that he made a mistake, a horrible, horrible mistake. Did he think about what potentially bad things could have happened from buying those kids an obscene amount of beer? No, but did he do it because he wanted something bad to happen? Absolutely not.
If I have learned anything in the last 11 months it is that no one is immune to bad things happening to them. We don't know when it will and try as we might, we can't always prevent them from happening.
I wrote a statement and read it to the judge:
Thank you for
allowing me to speak, my name is Andrea Tully and my son Clay Tully consumed
alcohol bought by Cole Dyer which contributed to the accident that ultimately
took Clay’s life.
On May 29th,
2016 my families dynamics changed in ways I never imagined. Clay was our oldest
of two children and our only son. He had just graduated high school not even 12
hours prior to his death. He had intentions to go to school to become a diesel
mechanic. Clay’s death has made an impact not just on our immediate family and
friends but on this entire community as well.
There is an
emptiness in our family that no words can accurately describe. Clay was a
funny, upbeat, kind, helpful young man. He was smart, independent, outgoing and
a hard worker. Every morning for the last 333 days, I wake up and hope that
this would all be a very bad nightmare and that Clay would be in his room when
I walk by.
Every single
part of every single day has been impacted. We will never be able to see Clay
again. We will never be able to hug him, touch him, hear his voice, his laugh
or see his smile. Imagine not being able to watch your child grow into an adult.
Imagine you took the last picture of your child without knowing it was your
last. If imagining those situations brings tears to your eyes then you have a
glimpse into what heartache our family lives with every day.
We know that
Cole did not personally cause the accident and we do not hold him solely
responsible for Clay’s death but he has ownership in providing 60 beers to 6
boys under the age of 18. Without the
alcohol, I am certain that night could have ended completely different. Cole knew he messed up, that’s why he went to
the hospital to speak to Leo and make sure that he wouldn’t be named as the one
who purchased the beer. Cole didn’t want to take responsibility for the
decision that he made and I think what hurts the most is that he has portrayed by
his actions that my son’s life didn’t matter to him. We all make mistakes in
life, even the slightest bit of remorse displayed from him could have made a
lot of difference. We wanted so badly to hear him say, “I am sorry, I messed
up. I didn’t think this would happen.” But we haven’t and here we sit.
Clay was the
most forgiving person I have ever known. He didn’t hold a grudge towards
anyone. Knowing that about him has me reflecting on how I think he would want
us to feel about this situation. Regardless of today’s outcome, it won’t bring
Clay back BUT I hope that Cole will be the example that other persons over 21
think of when someone asks them to buy them beer.
With only
being charged with a misdemeanor, and the maximum penalty being 365 days, his
life will go back to normal. But our son, brother, grandson, nephew, cousin and
friend is gone forever.
The judge ultimately sentenced Cole to 90 days jail. 28 days straight (credited for 2 served) and 60 days with options, meaning if he had a job he could have work release but he doesn't so I am not sure what other options are available. It doesn't bring Clay back and that's the only thing that would make things better.
I am glad it is over. I hope learns from this and I hope other people learn from it to. It is not worth it to provide alcohol to anyone under age. The possibilities of what could or couldn't happen are endless and I don't think it is worth it.
My thoughts are all over the place and lately I have been having such a hard time putting them into words and I just feel overwhelmed most days.
Please say a prayer for me. I need patience, guidance, strength, love and just need help to navigate through the upcoming days. I'm struggling.
Thanks for all your love, prayers and support. 💖
