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Arizona Couple Whose Three Children Died in 2019 Creek Crossing Sentenced to Probation

A Gila County judge spared Daniel and Lacey Rawlings prison time over the Tonto Creek flood deaths of three young children, citing the couple's remorse and the effect on their two surviving children.

By Juan Gonzalez ·

A Gila County judge sentenced a Pinetop-Lakeside couple to probation on Thursday for their roles in the 2019 deaths of three young children who were swept away when the family's vehicle was driven into a flooded Arizona creek.

Judge Timothy Wright gave Daniel Rawlings, 38, five years of probation and Lacey Rawlings, 34, four years. Both must also complete extensive community service. Daniel Rawlings had pleaded guilty to three counts of manslaughter and seven counts of child abuse, receiving five years of probation on each charge, to be served concurrently. Lacey Rawlings received four years of probation on seven counts of child abuse, also concurrent. Her sentence had been expected, but the judge had wide discretion in deciding Daniel Rawlings's punishment.

The deaths occurred the day after Thanksgiving in 2019, when the couple drove a military-style vehicle into Tonto Creek despite signs and barricades warning motorists not to cross. The swollen creek began to engulf the vehicle. The Rawlings and four children escaped and were rescued, but 5-year-old Colby, 6-year-old Willa and their 5-year-old cousin, Austin, were carried away and died.

In an interview played in court, Lacey Rawlings said the family had already crossed the creek on the way back to a relative's home when their son begged to go in again because he was having fun. The second time, they drove into an unfamiliar and more dangerous stretch of the creek.

The couple's two surviving children, 12-year-old Nelly and 13-year-old Dallan, spoke to the court and asked that their parents be allowed to stay home. "I love everything about my parents," Nelly said. Dallan said his life "wouldn't be the same without them." Wright said those statements weighed heavily in his decision. He noted that children need parents to be protectors rather than playmates, but said he struggled with the effect a prison term would have on the couple's children and on two cousins who also survived. "These four children have zero fault in this case, yet they carry the burdens," he said.

The judge also cited the couple's lack of criminal history, their remorse and acceptance of responsibility, and their roles in their community. Defense attorneys argued that the Rawlings misjudged the danger of entering the flooded wash.

Prosecutor Bradley Soos rejected that argument, describing the deaths as the result of a series of bad decisions. He said the couple knew the creek from earlier visits to family in the area and repeatedly failed to use basic parental common sense, including placing the children in a vehicle without enough seatbelts. He asked for at least four years in prison for Daniel Rawlings. "Sometimes justice doesn't feel good," he said.

The hearing featured emotional testimony from friends and relatives. The Rawlings said they are haunted by their choices, apologized for the burdens they placed on others, and said they have sought counseling and spent more time together as a family. "Please, just sentence both Daniel and I to probation without any jail time so we can continue to help our children recover and have our family together," Lacey Rawlings said.

Austin's mother, Lauren Johnston, described lying on the floor in agony, at first believing all three children in the vehicle had died. She said she has forgiven the couple and asked the judge to show them mercy and grace, while expressing hope they will "never stop seeking guidance."

Outside the courthouse, dozens of supporters carried yellow balloons, wore "Rawlings Strong" sweatshirts and held signs of encouragement, cheering when they learned the couple could return to the community. The Rawlings had been due to stand trial in March in Gila County Superior Court, where a conviction would have carried mandatory prison sentences.

Source: KJZZ

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