A 43-year-old Oklahoma father has learned his sentence after causing a rollover crash while driving with his wife and three children. The collision ejected his 16-year-old daughter from the vehicle, and he then fled on foot, leaving the girl to die alongside her mother and siblings.
Elliott Lincoln Binney, who reportedly admitted to taking a “gulp” of vodka moments before the crash, received a five-year prison sentence on Monday. He pleaded guilty in April to first-degree manslaughter, child neglect, leaving the scene of a fatal accident, and transporting an open container — all charges tied to the death of Shelby Binney, according to court records.
Although Binney admitted to drinking vodka and alcohol was found in the vehicle, Tulsa District Attorney Steve Kunzweiler told the 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 noted several “unique circumstances” surrounding the case. One of them: Brittany Binney — Elliott’s wife and Shelby’s mother — did not want her husband sent to prison.
In her statement, Brittany Binney pointed to bad weather conditions as the cause of the crash, not her husband’s driving.
“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.
She urged the judge to consider that losing his daughter was punishment enough.
“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 expressed concern about what a prison sentence would mean for 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 acknowledged the conflicting perspectives in his own remarks.
“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.”
Ultimately, the judge sided with the prosecution, which had recommended a sentence of between two and five years in prison.
As Law&Crime previously reported, the crash unfolded on Jan. 11, 2024, when Bixby Police Department officers and fire crews responded to a single-vehicle rollover near East 171st Street South after receiving reports of a serious accident. When first responders arrived, they found a teenage girl — later identified as Shelby Binney — had been thrown from the vehicle.
Authorities discovered Binney’s wife and two other children still inside the car and transported them to a hospital for treatment.
Officials determined that dangerous driving in poor weather contributed to the crash, with Binney attempting to pass other vehicles on a rain-soaked road. Witnesses told police he was driving at high speed and crossing into a no-passing zone just before losing control, according to reporting from the Kansas City Star.
Investigators also recovered an open bottle of vodka at the scene. Binney later admitted to drinking while driving his family, telling police he took a “gulp” of alcohol moments before the collision, Tulsa NBC affiliate KJRH reported.
Prosecutors said the reckless driving caused the vehicle to flip and eject the teenager, who later died from her injuries. Despite the severity of the wreck, Binney did not stay at the scene.
Authorities said he fled on foot before first responders arrived, then retrieved another vehicle from a nearby business and left the area. He was eventually tracked down and arrested in Checotah, roughly 50 miles away.
The case attracted widespread attention due to the circumstances of the crash and Binney’s actions in its aftermath. Kunzweiler called the case deeply tragic but maintained that prosecution was the right course of action.
“You can’t just do those kinds of things to another human being, even if it’s your own child,” he reportedly said.
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