Woman begins jail sentence

A Greenwood woman convicted of killing a woman, her daughter and unborn baby in a 2004 car crash began her 500-day prison sentence after losing an appeal Tuesday in Dodge County Court.

Tara Rudder, 25, originally was placed on six years of probation with 100 days of upfront jail time for two counts of motor vehicle homicide and one count of motor vehicle homicide of an unborn child, all Class I misdemeanors. As part of that original sentencing, Judge Kenneth Vampola imposed a suspended sentence of 500 days if she violated probation.

In April, Rudder admitted to violating her probation when deputies found alcohol and marijuana in her home. She then was sentenced to the

500 days in prison. She appealed to Dodge County District Court stating the sentence was excessive. Each count carried a possible sentence of up to one year in prison.

The sentence imposed was affirmed by District Court Judge John Samson and remanded back to Dodge County Court for a restitution hearing and affirmation of the sentence.

Rudder's court appointed attorney, Leo Eskey, argued that after serving a sentence of that length, his client would no longer be employed and would not be able to make restitution payments for the funeral of the three family members. He said she had already made 18 monthly payments of $142 and she wouldn't be able to continue that after incarceration.

Rudder claimed she likely would not be able to be employed after leaving prison and would have no money or assets to pay for her restitution.

“I don't know how long it will take to find a job,” Rudder said, adding she only has a high school education.

She also claimed she personally had more than $10,000 in debt from the accident.

“At the time of the sentencing, Ms. Rudder indicated she would do anything to make the victims whole,” Deputy Dodge County Attorney Mark Boyer said. “The state is mainly concerned about Ms. Rudder paying the funeral costs.”

The remaining restitution for the funeral costs is $4,865.

“It is very evident that prior to this sentence, the defendant has been able to hold a job and make payments,” Boyer said. “She most likely will be able bodied and should be employable after her incarceration.”

Rudder was convicted in June 2005 by a Dodge County jury.

A pregnant Jennifer Burns, 24, and her daughter, Madison, both of Dodge, were pronounced dead Aug. 22, 2004, at the scene of a three-vehicle accident on U.S. Highway 275 near Scribner. Dodge County Sheriff's Office reports said Rudder's southbound 1996 Dodge Ram pickup crossed the center line and struck a northbound 1993 Ford Ranger driven by Marshall Burns, Jennifer's husband. Marshall Burns survived the accident, but spent several months in the hospital and in rehab for a head injury and Boyer said Burns had more than $1 million in medical expenses.

The investigation showed that after the nearly head-on crash with the Burns' vehicle, Rudder's truck rolled onto its side before being struck in the undercarriage by a semi-truck. Rudder was treated for a leg injury, but the truck driver was not injured.

“It is obvious that anyone going to prison is not going to have the ability to immediately pay,” Vampola said. “It is the finding of this court that at the end of her incarceration she should be able to be re-employed and be able to pay the restitution. All other fees and costs are hereby waived.”

He said there were no disabilities on the record that would show inability to pay for the restitution.