Inset, left to right: Elliott L. Binney (Tulsa County Jail) and Shelby Binney (GoFundMe). Background: The area in Oklahoma where the fatal 2023 crash occurred.
A 43-year-old father in Oklahoma learned his fate for causing a rollover crash while driving with his wife and three kids — ejecting his 16-year-old daughter from the vehicle — before fleeing on foot and leaving the child to die with her mom and siblings.
Elliott Lincoln Binney, who had apparently admitted to taking a “gulp” of vodka just before the collision, was sentenced to five years in prison on Monday. He pleaded guilty in April to charges of first-degree manslaughter, child neglect, leaving the scene of a fatal accident, and transporting an open container in connection with the death of Shelby Binney, court records show.
Though Binney admitted to taking a drink of vodka and there was alcohol in the car, Tulsa District Attorney Steve Kunzweiler told a judge there was “no provable evidence beyond a reasonable doubt that he was driving his family while he was impaired,” according to a courtroom report from local CBS affiliate KOTV.
“What was provable was his reckless driving, the death of his daughter, the injuries to his wife and children, and his leaving the scene,” Kunzweiler said.
The prosecutor said there were several “unique circumstances” in the case. Among them: Brittany Binney, Elliott Binney”s wife and Shelby’s mother, opposed her husband going to prison.
In her statement, Brittany Binney blamed bad weather conditions, not her husband’s driving, for the accident.
“My husband is not a violent or reckless person by any means. He was not intoxicated or under the influence of alcohol or any substance. He was not drinking and driving,” she said, per KOTV.
Losing his daughter was punishment enough, she told the judge.
“He is a loving and devoted father and the loss of our daughter has devastated him and that punishment will remain with him for the rest of his life,” she reportedly said.
Brittany Binney also said she was concerned about the impact a prison sentence for her husband will have on her other children.
“They have already suffered the unimaginable loss of their sister. They continue to grieve and struggle with the changes this tragedy has brought to our family. If their father is removed from their lives through a lengthy incarceration they will experience another profound loss,” she stated, according to KOTV.
Kunzweiler reportedly noted the difference of opinion in his statement.
“Sometimes criminal cases are like that — where a victim may prefer one outcome, and I have to take a position inconsistent with the victim’s desires,” he told the judge. “That is what makes this job tough, but it is a job I have been doing for over 36 years.”
In the end, the judge sided with the prosecution, which had recommended between two and five years behind bars.
As Law&Crime previously reported, the crash occurred on Jan. 11, 2024, when officers with the Bixby Police Department and fire crews responded to a single-vehicle rollover near East 171st Street South regarding reports of a serious accident. Upon arriving, first responders found that a teenage girl, later identified as Shelby Binney, had been ejected from the vehicle.
Authorities found Binney’s wife and two other children still inside the vehicle and transported them to a hospital for treatment.
Authorities said the crash was due to dangerous driving in poor weather conditions, with Binney attempting to pass other vehicles on a rain-slicked roadway. Witnesses told police he was traveling at a high rate of speed and crossing into a no-passing zone shortly before losing control, according to reporting from the Kansas City Star.
Investigators also found an open bottle of vodka at the scene, and Binney later admitted to drinking while driving his family, telling police he took a “gulp” of alcohol moments before the crash, Tulsa NBC affiliate KJRH reported.
Prosecutors said the reckless driving ultimately caused the vehicle to flip, ejecting the teen, who later died from her injuries. Despite the severity of the crash, Binney did not remain at the scene.
Authorities said Binney fled on foot before first responders arrived, later retrieving another vehicle from a nearby business and fleeing the area. He was ultimately tracked down and arrested in Checotah, about 50 miles away.
The case drew significant attention due to the circumstances of the crash and Binney’s actions afterward. Kunzweiler described the case as deeply tragic but said prosecution was necessary.
“You can’t just do those kinds of things to another human being, even if it’s your own child,” he reportedly said.
Jerry Lambe contributed to this report
