Ottawa County Judge Unhappy with PSI Report, Postpones Sentencing, Orders New Report

MIAMI, Okla. — A problematic pre-sentencing investigative report for a Fairland woman found guilty of manslaughter prompted Associate Judge Matt Whalen to order a new report, delaying the sentencing hearing for three months.

Mindy McBrien, 50, pleaded no contest in Ottawa County District Court and was found guilty in May of first-degree manslaughter and leaving the scene of an accident that killed Guan Xin Ye, 58, on Feb. 5 2022. .

“Mr. Ye’s life matters,” said prosecutor Kathy Lameyer, who argued for incarceration. “He deserves some justice.”

Winston Connor II, McBrien’s attorney, asked for probation, saying his client asked her to take responsibility “for driving, killing Ye and driving away.”

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McBrien appeared before Whalen at her sentencing hearing Tuesday, but after hearing Connor speak of the report in a derogatory manner and Lameyer calling it “not the best,” Whalen ordered a new investigative report before sentencing.

Her new sentencing date is set for January 28, 2025.

Connor criticized the report, saying the probation investigator did not interview McBrien or her husband, Phillip.

Testimony showed that only one person was interviewed, McBrien’s father, with whom she rarely interacted.

“This is the worst PSI I’ve seen in 34 years,” Connor said, holding the report and berating the parole investigator.

“She had some courage (to write this report) without meeting my client,” Connor said.

Connor pointed out numerous inconsistencies in the report, from McBrien’s birthplace to where she graduated from high school to allegations that McBrien abused alcohol and drugs.

“There is no evidence of alcohol or any type of addiction – drugs, alcohol or gambling,” Connor said.

“PSI is trash,” Connor said.

Whalen called the report “lackluster.”

“I’ve never seen a PSI this short before” and “I hate doing this,” Whalen told a packed courtroom filled mostly with McBrien’s family and supporters and ordered a new report.

Was McBrien’s drink “covered”?

Connor asked if McBrien’s drink was “under roof” or if she accidentally drank “under roof” a drink intended for someone else at Elk’s Lodge.

“We don’t know whether she was intoxicated voluntarily or unintentionally because ‘law enforcement’ did not draw her blood as they are legally required to do,” Connor said.

McBrien doesn’t remember anything, so “she has no way of knowing whether she was under the roof or not,” Connor said.

“We don’t know if there was anything else in her system,” Connor said.

Evidence showed McBrien drank two beers and a cocktail, but she did not order the cocktail.

Witness Characters

Four witnesses, including her ex-husband, described McBrien as “hard-working,” “honest,” “a devoted mother,” and “always willing to help someone in need.” They also said she doesn’t drink much.

Evidence showed 40 to 50 letters from people she had helped medically.

Evidence showed McBrien was “suicidal” for some time after the crash and had lost her “happy and carefree” personality.

Her experience as a nurse was also a focus of testimony.

“I’ve seen her save more lives than I can count,” said Carrie Turner, a friend and former colleague.

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McBrien was also praised for her work during the 2011 Joplin tornado.

Dr. Mark Osborne stated that McBrien “was better than some of the doctors I’ve worked with.”

None of the witnesses described McBrien as having problems with alcohol, prescriptions or illegal drugs.

Lameyer disagreed with each witness’ characterization of the former nurse, saying she abandoned Yeh and “didn’t stop or offer help.”

According to the autopsy report, Ye died from multiple blunt force trauma to the head and chest, with 12 broken ribs and three spinal cord fractures. According to the autopsy report, the death is listed as an accident.

An autopsy shows the Miami victim had more than 50 fractures, bruises and lacerations.

Kelly Johnson, a detective with the Miami Police Department, said Ye had “severe head trauma” and his “head was severed.”

He said Ye’s sweater pattern was printed on McBrien’s machine.

“His head was severely damaged,” Johnson said.

During the hearing, the judge was shown two video recordings.

Elks Lodge surveillance video shows an intoxicated McBrien walking into the Elks Lodge parking lot, “swaying” and “stumbling” as he gets into his Jeep Cherokee. In another video, the headlight of Ye’s scooter disappears under McBrien’s car, and showers of sparks fly from the bottom of McBrien’s Jeep.

“We found tissue, skin and hair underneath her (McBrien’s) vehicle,” Johnson said.

“She didn’t stop or provide assistance,” Johnson said.

The witness told Ottawa County deputies that he found McBrien’s car in a ditch later that evening and told officers that McBrien “wasn’t so drunk that she didn’t know where she was going, but she was pretty drunk,” according to the affidavit. about the arrest. .

McBrien is free on $150,000 bail.

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