Plea deal in the works after woman hits, kills 8-year-old boy while allegedly impaired

PROVO - A plea deal is now officially on the table for a 37-year-old woman accused of hitting and killing an 8-year-old boy the day after his birthday.

Payson Police say Tabatha Magoon willingly took a blood and urine test after hitting Kaydon Sillitoe on his skateboard in March, and those tests indicated the presence of controlled substances including methamphetamine.

Magoon's attorney confirms prosecutors have offered a deal that would consist of third-degree felony charges and a class A misdemeanor charge, which would carry a mandatory prison sentence ranging from zero to five years.

"Such little time for a big loss," said Kaydon's father, Brandon. "We're serving a life sentence."

"We don't like the plea, but we accept it," Kaydon's step-mother added.

Magoon's attorney says his client is likely to take the deal, which would then be sent to a parole board to ultimately decide the length of the sentence. He said, based off a sentencing matrix, he would guess it would be in the neighborhood of 20 months.

"She is a really good person, and this is a tragic accident," said Lindsey Robertson, Magoon's nephew.

He questions whether his aunt was really under the influence or not, despite blood and urine tests that police say prove otherwise.

The two families have had a difficult time sitting near each other during the trial. Kaydon's father said it's hard to look at Tabatha in the court room.

"I try not to look at her, but of course we are going to see her," He said. "Especially seeing no remorse. If we saw some remorse, maybe it would be a bit easier."

The defense has until October 11 to decide whether or not it will take the plea deal. In the meantime, a hearing is set for September 13 to decide if a judge will grant Magoon a limited driver's license, so that she can get to and from court and her rehab on her own.

"We don't think it's safe or right that she get it back," Sillitoe added.