WEST JORDAN, Utah — The man accused of hitting and killing a volunteer toymaker in West Jordan, while driving under the influence, was found guilty on all charges Friday afternoon.
73-year-old Asael Paul Lyman was found guilty of the following five counts, related to the crash on December 1st, 2022, that killed 75-year-old Nile Thacker.
- Negligently operating a vehicle resulting in death
- Driving under the influence of alcohol with a passenger, under 16 years old
- Failure to stay in one lane
- Speeding
- Failure to obey traffic control device
Third District Court Judge James D. Gardner ordered Lyman be taken into custody after the verdict was read.
According to a probable cause statement, Lyman's pickup truck was seen sideswiping a concrete barrier twice and then continuing at a high rate of speed into the intersection at 9000 South.
It went on to say that Lyman missed hitting one vehicle, before ultimately hitting Thacker, who was in the turn lane to head southbound onto Bangerter Highway.
Thacker was pronounced dead at the scene.
Julie Merrill, Nile's daughter, told FOX 13 News on Friday that her dad had spent a lot of his time during retirement volunteering his time at Tiny Tim's Foundation for Kids in West Jordan. The nonprofit was founded by Nile's cousin, Alton, in 1998.
"He started working here about 60 to 70 hours a week," said Merrill. "He just found such joy in himself giving these cars out."
Which Merrill says her dad was doing the day of the crash.
"He went to Jordan Valley Hospital, dropped off, some of the cars there and it was when he was leaving there to go to another hospital that he was killed," said Merrill.
A toxicology report showed Lyman had a blood alcohol content (BAC) of 0.12 at the time of the crash. That is more than double the legal limit in Utah.
He also had his grandson in the car with him at the time.
Merrill says her family was relieved by the verdict.
"We're grateful to the prosecution and to the victims advocates," said Merrill.
The decision on Friday comes more than two months after Merrill also lost her mom, Gloria, after she was diagnosed with heart failure. Gloria and Nile's 50th wedding anniversary would have been next month.
"Her doctor actually referred to it, to her, as broken heart syndrome," said Merrill. "We feel like this really took both of them from us."
As Merrill sanded cars at Tiny Tim's Friday evening, wearing the same apron her dad once wore, she spoke about the legacy he leaves behind.
"Just helping your neighbor, that's really his legacy to be honest," said Merrill.
Lyman is scheduled to be back in court for sentencing on July 15 at 3 p.m.
