ROCKLAND, Maine — The state’s criminal justice system has become desensitized to deaths caused by drunk drivers, a woman told the court during the sentencing of a New Hampshire man who caused the crash that claimed the life of her child’s father.

Justice William Stokes sentenced Noah Edward McGrath, 28, of Nashua, New Hampshire, on Monday to 12 years in prison with all but three years suspended for manslaughter for a fatal crash in Washington on Feb. 9, 2025. McGrath will be on probation for four years after he is released.

The charges stem from a head-on car crash on Route 17 in which the driver of the other vehicle, Joshua Theriault-Patten of Newcastle, died.

McGrath was driving a 2016 Subaru Forester on Route 17 just west of Fitch Road when his vehicle veered into the oncoming lane and struck a 2009 Hyundai Accent driven by Theriault-Patten. Emergency responders arrived and found both drivers trapped in their vehicles. Both drivers were taken to MaineHealth Pen Bay Hospital in Rockport for injuries. McGrath sustained minor injuries.

Police and emergency medical services who responded said they could detect the odor of alcohol from McGrath. A police report filed in court states that a blood test taken at the hospital following the crash showed McGrath’s blood-alcohol level was 0.257 — more than three times the level considered to be under the influence.

McGrath initially pleaded not guilty but pleaded guilty on May 12 following a judicial settlement conference overseen by Justice Stokes at which both the defense and prosecution participated.

Allina Diaz spoke during the sentencing hearing on Monday and was critical of the process. Theriault-Patten was the father of her elementary school-age daughter. Diaz said she has been pushed aside, ignored, and treated like a burden. She was particularly critical of the former victim witness advocate who she said was not an advocate for victims and who provided her little information, and tried to prevent her from talking with the district attorney or police involved in the case.

“I did not ask to get into a system that minimizes OUI deaths,” Diaz said.

She did offer praise to District Attorney Natasha Irving and Knox County Sheriff’s Detective Donald Murray who were willing to talk with her during the process.

Diaz said she was not looking for a life sentence for McGrath or even much longer prison time, but she said she asked for a restorative justice element to the sentence so that she could have an opportunity to meet with him to discuss the impact his actions have had on her daughter. But, she said, the restorative justice provision was not included in the sentencing agreement. She also sought more restitution as part of McGrath’s probation but that was limited to $5,500 to reimburse the state’s victim compensation fund which had been provided to the family.

“It’s systematic. It’s horrible,” she said about how the system treats victims.

Theriault-Patten led a difficult life and was abandoned by his family when he was 14, Diaz said. After their daughter was born, he got into recovery for mental health and substance issues and leaned into being a good father.

Theriault-Patten and their daughter had the same interests, the outdoors including fishing and swimming. They both also loved attending car races at Wiscasset Speedway.

He had gotten a job at Bath Iron Works and was doing nothing wrong when McGrath caused the fatal crash. Since then, their daughter has suffered from anxiety.

The victim’s brother Scott also spoke during the sentencing hearing, telling McGrath that he took away his brother and took Josh away from his two children.

McGrath read a prepared statement, saying not a day goes by that he does not think of Theriault-Patten. McGrath said he has remained sober and received counseling and was committed to being a better person.

Justice Stokes said when became a judge he became familiar with sentencing practices in OUI manslaughter cases. Before that, he had prosecuted murder cases. Stokes said the range for vehicle manslaughter cases was three to three-and-half years for the unsuspended portion of prison time, if the defendant had no criminal record.

McGrath had no criminal record.

The judge said courts need to be consistent in imposing sentences and that the sentence imposed on McGrath was fair. The judge stressed that while McGrath did not intentionally kill Theriault-Patten, McGrath intentionally got behind the wheel of a car while heavily intoxicated.

This story appears through a media partnership with Midcoast Villager.