One year and two months after 27-year-old Zachary Paul Tyler was struck and killed while biking home from work westbound on Wrightsville Avenue, Judith Margaret Nemeth was sentenced to serve 13-25 months in prison. Superior Court Judge Reuben F. Young read Nemeth’s sentence during her trial in New Hanover County Courthouse Monday, Sept. 22.
Nemeth pleaded guilty to the charges of misdemeanor death by motor vehicle, and felony hit and run for the Thursday, June 13, 2013, incident. Nemeth’s charges were consolidated into one sentence by the state because of her guilty plea.
At the beginning of the trial, her attorney, John Collins, requested members of the media be asked to leave the courtroom. The request was overruled by Judge Young.
During assistant district attorney Doug Carriker’s report of the investigation of the June 13, 2013, incident, Carriker said if Nemeth had pled not guilty the findings of the investigation would have irrevocably proved her guilt.
On the evening of June 13, 2013, both Tyler and Nemeth were at work at Wrightsville Beach restaurants; Tyler at King Neptune Restaurant and Nemeth at Buddy’s Crab Shack.
Nemeth got off work around 7 p.m. but reportedly stayed around to have a few drinks at the bar. Carriker said receipts from the evening showed Nemeth purchased three shots.
A couple hours later Nemeth left Buddy’s and stopped at the Scotchman gas station near the corner of Wrightsville Avenue and Eastwood Road. While biking home from work around the same time, Tyler also stopped at the same Scotchman and the surveillance video from the store would show the two in line together. Nemeth purchased rolling papers and Tyler purchased a lottery ticket.
The Scotchman clerk on duty that night said Nemeth did not appear impaired by any substance but she did tell the clerk she was tired after a long shift at work.
Tyler left ahead of Nemeth biking westbound on Wrightsville Avenue. A few minutes later Nemeth drove into Tyler from behind near the Wrightsville Avenue entrance to Lumina Commons, throwing Tyler from his bicycle.
Carriker said Nemeth reported she knew she hit something, but did not know what she hit and drove away without stopping.
The first person on the scene was a passing driver who happened to have a background in rescue service with Carolina Beach Fire Department. The person stopped to see what was lying on the side of the road and walked up to find Tyler still breathing. However, soon afterward Tyler stopped breathing. The Good Samaritan’s attempts to revive him with CPR were not successful and he could not find a pulse.
The lifesaving attempts by emergency crews that responded that evening also failed and Tyler was pronounced dead on the scene.
The case fell into the hands of the Wilmington Police Department Traffic Division and officer D. Ouellette. At the scene, Ouellette found a front bumper and fog light assembly that would later be matched to Nemeth’s white 2013 Toyota Corrolla.
Friday, June 14, Collins called the WPD traffic division saying his client may have been in an accident the night before and told police where to find Nemeth’s car. Collins also reported Nemeth would turn herself in the following morning.
Around 7 a.m. Saturday, June 15, Nemeth turned herself in accompanied by her mother, Susan Nemeth.
At the trial Monday, Collins said the two-day delay in Nemeth turning herself in was because she wanted to wait for her mother to travel to Wilmington from her hometown of Brevard, N.C.
During the interview process, Nemeth was asked if the N.C. State Bureau of Investigations would find any traces of drugs in her system from the blood sample she submitted and she said they would find THC.
THC is the active narcotic chemical found in marijuana and Carriker said the SBI test confirmed that. However, due to the elapsed time, Carriker said there was no way for the state to determine if Nemeth was impaired at the time of the incident.
Tyler’s mother, Beverly Tyler, was present at the Monday, Sept. 22 trial along with various members of the family. During her statement, Beverly Tyler said the family was familiar with such incidents after her husband, Zachary’s father, was struck and killed by a motorist while riding his motorcycle nine years ago.
“He was full of hope for the next day but now he is dead,” Tyler said of her son. “Though his death was painful it was made worse by the disregard of life that night.”
Tyler revealed she and Susan Nemeth had been in correspondence throughout the past year, and she and Judith Nemeth met the day before the trial, Sunday, Sept. 21.
“It is my hope that Zach’s death will not always impact her in a negative way,” Tyler said. “For Judith, from me, there is forgiveness.”
After Judge Young read Nemeth’s sentence, Collins said he and Nemeth had nothing further to add.
“We have nothing further to add other than this tragedy has deeply hurt both families,” Collins said.
Immediately afterward the New Hanover County Sheriff deputies on duty in the courtroom took Nemeth into custody.
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