CHARLOTTE, N.C. — James Payne pleaded guilty to two counts of involuntary manslaughter as part of a plea deal for killing Enedina Fernandez and Nabila Rasoul while drinking and driving last year.
Payne was sentenced to 16 to 29 months in prison followed by probation.
He also received a second sentence for another 16-29 months, but that sentence is suspended for 36 months of supervised probation. Essentially, he will serve 16-29 months in prison, and - upon his release from prison - he will then serve 36 months of probation. But if he violates his probation, the second prison term could be activated and he would then spend that additional 16-29 months in prison.
As for the conditions of probation for Payne, he was ordered not to drive during that time, and he must undergo a substance abuse assessment and complete any recommended treatment.
He was also ordered to perform at least 120 hours of community service per year while on probation, speaking with students about the impact of drinking and driving.
Both victims' families were hoping Payne would spend more time in prison. During the plea, Payne did apologize to the families and said he is working to stay sober.
Still, the families are heartbroken and not able to forgive, just yet.
“I wanted to have Mr. Payne go to jail forever, and I wasn’t happy with the plea deal," Peter Fernandez, husband to Enedina Fernandez, said.
“He did the wrong thing, and he killed my love,” Ahmad Rasoul, husband of Nabila Rasoul, said.
In February of 2022, Payne was drinking and driving when he hit a pickup truck; the truck then flipped over onto a sidewalk, hitting and killing Nabila Rasoul and Enedina Fernandez. Payne, who was 21 years old at the time of the crash, pleaded guilty Thursday to two counts of involuntary manslaughter.
The two women were brought together by faith. Enedina Fernandez, a Catholic Charities volunteer, was teaching English to Nabila Rasoul.
“She was a volunteer by nature and by action,” Peter Fernandez said.
The Rasoul family moved to Charlotte from Afghanistan to escape danger. Shortly after, Nabila was killed, leaving behind their three children, one just 3 months old.
“It’s very difficult to tell the kids 'your mom is not here, your mom has died,'” Ahmad Rasoul said.
For Peter Fernandez, the pain is still heavy on his heart.
“Just holding onto her...and I didn’t get a chance to do that,” Peter Fernandez said.
The couple met on a blind date in their teens, and they were married for 54 years. Every day he keeps her memory alive.
“She'd try to start telling a joke, and she'd start laughing and she could never get to the punchline because she was laughing so much," Peter Fernandez said. "That by itself was so much fun just sitting there, listening to her laugh at her own jokes."
Contact Lexi Wilson at lwilson@wcnc.com and follow her on Facebook, Twitter, and Instagram.