‘No winners’
Ahmad Rasoul breaks down in court Thursday as he recounts losing his 23-year-old wife. Nabila Rasoul was killed a year ago in a drunk driving crash caused by 22-year-old James Payne, who pleaded guilty Thursday. The crash sent a pickup careening onto the sidewalk where Nabila and Catholic Charities volunteer Dina Fernandez were walking. An interpreter for U.S. forces in Afghanistan, Ahmad Rasoul this week received asylum for himself and his family to stay in the United States and now is alone in caring for the couple’s three young children. (Photos by Troy Hull, Catholic News Herald)CHARLOTTE — Grief, remorse, imperfect justice, and a chance to make amends played out in a Mecklenburg County courtroom Thursday as a judge ruled in a drunk driving crash she called “one of the most tragic cases I’ve heard.”
The crash killed two women strolling together on a sidewalk – one a young immigrant mother, the other a Catholic Charities volunteer who was teaching her English.
It also upended the promising young life of the 21-year-old driver, James William Payne, who now will spend 16 to 29 months in prison, depending on his behavior, to be followed by 36 months’ probation.
The victims’ families were offended by the sentence: a mere 16 months for recklessly causing two deaths. Even the prosecutor acknowledged the plea bargain “doesn’t begin to cover their losses,” but explained that under North Carolina sentencing guidelines it was possible Payne could have received no jail time if the case had gone to trial.
“I’ve been working as a judge for 15 years, and this is by far one of the most tragic cases I’ve heard,” Mecklenburg Superior Court Judge Karen Eady-Williams said of the Feb. 15, 2022, crash in east Charlotte.
“Two families lost loved ones – who were wives and mothers – then you have a young man who made a horrible decision to drink and drive and now here he stands about to go to prison at age 22. There are no winners in this.”
The judge then set the sentencing guidelines aside and ordered an additional penalty: Every three months during his three years of probation, she ruled, Payne must visit a school to tell his cautionary story to students who are not much younger than he is – in hopes that he might save lives in the future.
“Thank you, Your Honor!” one of the victims’ family members called out in the courtroom.
“You were 21 when this happened because of your poor choices,” the judge told Payne. “Speaking to high school or middle schools about the dangers of drinking and driving and the consequences … it will make an impact.”
The novel sentence, she said, came at the suggestion of Christopher and Melissa Fernandez, whose mother Dina, 75, was killed in the crash. A former nurse and devout Catholic, who was always helping others, their mother believed strongly in “restorative justice,” which focuses on rehabilitating offenders through reconciliation with victims and the community.
‘Homicide Day’
In his deal with prosecutors, on the monthly occasion called “Homicide Day” when killers are cycled through Mecklenburg County Superior Court, Payne pleaded guilty to two counts of involuntary manslaughter. More serious charges – two counts of felony death by vehicle, which carry more prison time – were dismissed.
Dina FernandezProsecutors said Payne admitted to drinking two to three shots of alcohol on the morning of Feb. 15, 2022, and continued “sipping” that day, when he got behind the wheel. A little before 3 p.m., he was speeding and weaving through traffic on East W.T. Harris Boulevard when he clipped a pickup truck and sent it careening onto the sidewalk where Dina Fernandez was walking with her student, Nabila Rasoul, 23. Rasoul had escaped Afghanistan with her family just a few months earlier and was resettled in Charlotte by Catholic Charities.
Prosecutors said Payne’s blood alcohol level was .12, over the legal limit of .08. He was driving an estimated 60 mph in a 45-mph zone.
Seated at the defense table, Payne sobbed, his shoulders heaving. He held his head in his hands and lifted his glasses to wipe away tears as the families read “victim impact statements” to the court.
Nabila RasoulAhmad Rasoul wept as he described how he and his family had survived suicide bombings, explosions and Taliban rule in Afghanistan. He had “breathed a sigh of relief” when they arrived in the United States, only to see his wife Nabila killed in a senseless crash a few months later. She left behind a 4-month-old baby, and two other children aged 2 and 4.
“My Nabila is gone from our lives,” Rasoul said, his voice breaking. “The heat of her distance is forever painful for me and my children … (My son) is afraid of things that might hurt him or our family. My daughter still cries for her mom a year after her death. I have no one to help me every day with my three young children, to feed, bathe, brush teeth, change diapers, clean house, and laundry, or help when they are sick. And I am very lonely!”
Dina’s husband, Peter Fernandez, told the judge about the moment he got the news of her death:
“When the police officer came to my home and announced to me that my wife died due to a car accident, I screamed at him saying that it could not be Dina,” he said, crying. “I ran through the house screaming that it couldn’t be true.”
In those impact statements, the Fernandez children asked the judge to order Payne to do something good: to tell his story to young people so they might learn from his crime.
‘Jarring punishment’
Payne addressed the court, too, with a dozen family and friends filling two rows at the back of the court. Many of them also wept. When the judge asked a series of questions to be sure Payne understood the plea deal, unlike many defendants before him that day, he repeatedly responded: “Yes, ma’am.”
“I would first like to apologize to the families,’’ Payne told the court. “I was being irresponsible and I never should have been behind the wheel that day. I never should have been speeding down W.T. Harris where I struck the truck that killed two people … I want to stay sober, to be sure nothing like this ever happens again.”
James Payne, now 22, looks to family in the courtroom Thursday as he is handcuffed to be escorted to jail for at least 16 months. He pleaded guilty to two counts of involuntary manslaughter and was sentenced to 16 to 29 months in prison followed by 36 months of probation. More serious charges – two counts of felony death by vehicle, which carry more prison time – were dismissed.
His lawyer said Payne was born to a substance-abusing mother and adopted as an infant. Despite some lingering health problems, he went on to graduate from Butler High School and establish a solid work record of three years at Sam’s Club. He also recently completed a 30-day substance abuse treatment program, has been regularly attending AA meetings, and has sought counseling for his own grief.
“We understand the victims’ families, the Rasoul family and Fernandez family, are unsatisfied with the amount of (prison) time here,” Payne’s lawyer Chris Fialko said. “But I would submit that the plea deal is going to give some jarring punishment to my client. For 16 months, he is going to be in prison. Then, three years’ probation will help him help himself.”
Judge Eady-Williams acknowledged those positive factors helped mitigate Payne’s crime. She also emphasized how everyone who had written letters in support of Payne’s character “apologized for the tragedy.”
“I see a lot of death and violence in this courtroom, and I rarely see such remorse from the families of the defendant,” the judge said.
Then, Payne was handcuffed and led away.
Outside the courthouse, after the sentencing, TV crews interviewed victims’ families.
Both families had good news earlier in the week. The Rasoul family was granted asylum to stay in the U.S. And the Fernandez family signed papers establishing an endowment at Queens University to honor Dina, a graduate. The endowment will pay for emergency expenses and internships for international students.
Dina’s daughter Melissa said she took a small measure of comfort from seeing Payne’s obvious remorse in the courtroom. She was grateful the judge had taken her family’s suggestion for the young man to begin making amends for his crime – and she thought her mother would be pleased, too.
“I have a daughter his age,” she said. “It made me feel just a little better.”
— Liz Chandler
Peter Fernandez of Charlotte says the crash that killed his wife Dina of 54 years has shaken him to his core. “I was angry with God…but I keep asking for help. I’m still working on it. My journey is one of trying to become more like Dina wanted me to be – stronger in my faith.” In honor of Dina, Fernandez now volunteers at Catholic Charities’ food bank in Charlotte. Pictured here on Thursday, Fernandez reads his victim impact statement during the sentencing of the man who caused the crash.
Ahmad Rasoul, whose wife Nabila was killed in a drunk driving crash as she strolled on a Charlotte sidewalk with her English tutor, reads his victim impact statement in a Mecklenburg County courtroom Thursday. He described how his family had survived suicide bombings, explosions and Taliban rule in Afghanistan – only to see his wife die in a senseless crash a few months after arriving in the U.S. She left behind a 4-month-old baby, and two other children aged 2 and 4.
Community rallies after loss of volunteer, Afghan refugee
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Published Feb. 24, 2022
Community rallies after loss of Catholic Charities’ volunteer, Afghan refugee
Ahmad Rasoul and Peter Fernandez comfort each other during a visitation for Fernandez’s wife Dina Feb. 21. Dina, 75, and Rasoul’s wife Nabila, 23, were killed Feb. 15 while out for a walk together. (Photos provided)CHARLOTTE — A week after their wives were fatally struck by a pickup truck as they walked along a sidewalk, Ahmad Rasoul and Peter Fernandez met for the first time.With two of his three children in tow, Ahmad attended the Feb. 21 visitation service for Dina Fernandez, the Catholic Charities volunteer who had been teaching English to his wife, Nabila.
Ahmad wanted to meet Peter, he said, because “we are the same.”
Two husbands who lost their spouses. On the same day, in the same shocking crash. Both fathers. Both deeply faithful. Both adoring of their wives, whom they’d met on a blind date or through family arrangement.
At the funeral home, Ahmad and Peter locked in a long embrace and wept. When Ahmad introduced his children, energetic toddlers aged 3 and 4, Peter laughed and shared how much Dina had enjoyed visiting with them. As they talked, Ahmad and Peter agreed their families would remain connected.
“We are heartbroken over the loss of Dina and Nabila, who were forming a special bond as Dina taught her English and they shared stories about their families,” said Dr. Gerard Carter, executive director and CEO of Catholic Charities Diocese of Charlotte. “Dina was a passionate volunteer who stepped up to help Catholic Charities in its efforts to resettle Afghan evacuees into our community. Nabila and her family were adjusting well.”
The rosary and visitation service for Dina was followed Wednesday by a funeral Mass at St. Peter Church, where she was a member. She was 75.
A week earlier, Nabila had been buried according to Muslim rituals in the Islamic section of a Huntersville cemetery. She had just turned 23.
The 21-year-old driver police said was responsible for the crash Feb. 15 is facing multiple charges including felony death by vehicle, reckless driving and Driving While Impaired. Police said the car he was driving hit the pickup, sending it off the road and onto the sidewalk where Dina and Nabila were walking.
OUTPOURING OF SUPPORT
Across the Diocese of Charlotte and beyond, people have rallied around the Rasoul and Fernandez families in the wake of the crash.
A GoFundMe effort to help Ahmad Rasoul, 31, deal with the challenges of raising three children alone in a new country has drawn national attention.
A five-star Charlotte-area daycare has enrolled the children at a deep discount. The team at Hendrick Automotive Group, where Ahmad recently began working, has also generously donated to the family, some employees giving up their bonuses.
Still others are reaching out to U.S. Senators Thom Tillis and Richard Burr in an effort to bring Ahmad and Nabila’s parents from Afghanistan to Charlotte – to reunite his family and help care for the three young children.“There is nothing more important to Ahmad than his family,” said Sam Hatcher, a retired salesman who owns the house where the Rasouls are living and is leading the GoFundMe effort.
“It is critical now that the leadership of this country honor its commitment to the people of Afghanistan who were forced to flee their homeland when the U.S. suddenly withdrew forces. We need to bring Ahmad and Nabila’s parents here to be with their grandchildren.”
Dina’s family has also been overwhelmed by the outpouring of support and is asking that contributions in her memory go to the Rasoul family or Catholic Charities’ Resettlement Program.
Friends and fellow refugee mentors at St. Peter are planning other ways to continue Dina’s legacy of giving back – as a nurse, reading tutor, medical translator, and through volunteering typically for social justice causes.
“She was a giver,” Peter Fernandez said of his wife of 54 years. “Her work as a volunteer with the community speaks volumes. I would like people to know that Dina was a great Catholic who loved her faith and always was looking to help people.”
“She especially loved working with Nabila,” he said. “Dina was really proud of how much progress Nabila was making and how smart she was.”
COMING TO AMERICA
Nabila RasoulAhmad and Nabila married in 2016. With his input, his parents invited Nabila’s family to accept a proposal.Ahmad was over the moon when they did. The couple’s connection was instant, he recalls.
He remembers holding Nabila’s hand for the first time, as the wedding celebration began with a trip to the beauty salon.
“I drive the car and I am very happy we are together,” he said. “We are both very smiley.”
Unlike with some arranged marriages, Ahmad said, neither pined for somebody else. “Nabila was a kind girl, and she loves just me. No one else. And I loved her – just Nabila.”
But life in Kabul was punctuated by violence. The couple would hear bombing or see news reports of destruction and call to check on each other.
The Rasouls fled Afghanistan last August, worried about a Taliban takeover after the withdrawal of U.S. forces. With two toddlers and Nabila six months pregnant, the family flew to Qatar, then Dulles International Airport in Virginia, then to El Paso, Texas, where they spent several months living in a tent with six other Afghan families on a U.S. military base.
They moved to Charlotte Oct. 11 through Catholic Charities’ Refugee Resettlement program.
Catholic Charities and the refugee community in Charlotte flocked to help Nabila. A Bosnian couple took the family into their home while Nabila awaited the birth of her baby girl, born an American citizen on Oct. 30 at Novant Presbyterian Hospital in Charlotte. Days later, the family settled into a neat and modest home, furnished by Catholic Charities and well-wishers, off W.T. Harris Boulevard.
Ahmad, who has a master’s degree in business management, was thrilled to land a job with Hendrick Automotive. The company heard about the needs of the Afghans and reached out to offer a job with good pay, benefits and a career path. Ahmad obtained his North Carolina driver’s license in February, and a donor provided a car. Nabila focused on raising the children and was committed to learning English and building a new life for their family.
A CALL TO ACTION
Dina FernandezThe same month the Rasouls arrived in Charlotte, Dina Fernandez felt called to help after hearing Afghan evacuees were being resettled here. She went into training to become a volunteer for Catholic Charities’ Refugee Resettlement program.It was so like her to respond to people in need, friends and family said.
“She lived her faith every day,” said Leslie Tesch, who with Dina facilitated a local JustFaith group, examining the intersection of faith, social justice and action.
A lifelong Catholic of Puerto Rican descent, Dina’s first job was working as a church secretary at age 16 at St. John Chrysostom Parish in the South Bronx, where she grew up. She went on to become a registered nurse and also worked at IBM and as an English translator for Hispanic immigrants during medical appointments. Then, volunteering: tutoring, comforting AIDS patients, teaching Sunday School.
The mother of two adult children and two grandchildren, she was active in the community and the Church as a member of St. Gabriel Parish and more recently at St. Peter Parish, both in Charlotte.
A BEAUTIFUL NIGHT
Nabila became Dina’s first student in the resettlement program. The pair started in November with twice-weekly English lessons at the Rasouls’ new home in northeast Charlotte.
Dina loved Nabila, her sister Carmen Quesada said. Dina spoke frequently about their visits, marveling at Nabila’s intellect and laughing when her 3-year-old daughter rooted through Dina’s pocketbook for goodies.
Nabila spoke of Dina, too, Ahmad said. Nabila was already thinking about nursing school, like Dina.
On Feb. 1, Nabila celebrated her 23rd birthday with her family, enjoying cupcakes and balloons in their cozy and immaculate new home.
On Valentine’s Day, a day before the crash, Nabila and Ahmad marked the day with a big hug and a special meal that evening. Across town, Dina and
Peter Fernandez celebrated, too, on a double date at Aqua e Vino with Dina’s sister and her husband.
Before the darkest of days, both husbands say, it was a beautiful night.
— Liz Chandler and Kimberly Bender, Catholic News Herald
How you can help
A GoFundMe page has been set up to help the Rasoul family. Donate here.
Donate to Catholic Charities’ refugee support in memory of Dina Fernandez online here. Fill out form then click “continue” to recognize Fernandez, or mail a check payable to Catholic Charities, Diocese of Charlotte to 1123 S. Church Street, Charlotte, N.C., 28203. In the memo line write, "Refugee Support in memory of Enedina Fernandez." Donations are tax deductible.
Catholic Charities volunteer, refugee killed in northeast Charlotte crash
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Published Feb. 16, 2022:
Catholic Charities volunteer, refugee killed in northeast Charlotte crash
Dina Fernandez, 75, (center) is pictured with her family. Fernandez, a parishioner at St. Peter Church in Charlotte and a volunteer with Catholic Charities Diocese of Charlotte, was known for giving in many ways. (Photo provided by Carmen Quesada)CHARLOTTE — A retired nurse who felt called to help Afghan refugees and the young Afghan mother she embraced as a mentor died Tuesday when they were hit by a truck while out taking a walk.Dina Fernandez, 75, had just finished giving an English lesson to 23-year-old Nabila Rasoul at Nabila’s new home in northeast Charlotte. They went out for a walk around 3 p.m.
About the same time, a Honda Civic speeding along East W.T. Harris Boulevard crashed into a Dodge Ram pickup truck and sent it off the roadway, according to Charlotte-Mecklenburg Police. The impact caused the truck to overturn and jump the curb, careening onto the sidewalk where the two women were walking.
Enedina “Dina” Fernandez, a Catholic Charities volunteer, died at the scene. Nabila Rasoul, a recent evacuee from Afghanistan, was rushed to a hospital but died from her injuries. No others were seriously injured.
The two women had become close after Nabila, a mother of three young children, and her husband arrived in Charlotte in October.
“We are heartbroken over the loss of Dina and Nabila, who were forming a special bond as Dina taught her English and shared stories about their families,” said Dr. Gerard Carter, executive director and CEO of Catholic Charities Diocese of Charlotte. “Dina was a passionate volunteer who stepped up to help Catholic Charities in its efforts to resettle Afghan evacuees into our community. Nabila and her family were adjusting well.”
Nabila leaves behind her husband Ahmad, 32, and three children – the youngest born Oct. 30 in Charlotte, an American citizen.
The Rasouls fled Afghanistan last summer after the sudden withdrawal of U.S. forces. They spent three months living in a tent on a U.S. military base in Texas, then moved to Charlotte last fall through Catholic Charities’ Refugee Resettlement program.
The Charlotte community embraced the Rasoul family. Volunteers rallied around Nabila, who was eight months pregnant when she arrived, and the family settled into a home made available by Sam Hatcher, who also felt compelled to do something for the arriving Afghan refugees.
“The Rasoul family has become part of our family, and had already begun a wonderful new life,” said Hatcher, who started a GoFundMe page to raise money for Ahmad and the children.
Hatcher said Ahmad is desperate now for U.S. authorities to bring his parents from Afghanistan to reunite his family and help care for his children ages 4, 3, and 4 months.
Nabila Rasoul and her baby daughter, Diyana, who was born in Charlotte Oct. 30, not long after the family was resettled from Afghanistan. (Photos provided by the Rasoul family)“They came to America with nothing to start a new life and had begun a promising future when a careless act changed everything, leaving two toddlers and a baby without a mom,” Hatcher said. “America needs to do everything it can to help fortify this wounded family. We need to bring extended family from Afghanistan to be with them, and we need to commit to help these children build a life in this country.”Ahmad, who has an MBA and worked as a professional in Afghanistan, recently found a good job with Hendrick Automotive Group. He obtained his North Carolina driver’s license just two weeks ago, and a donor provided a car. Nabila focused on raising the children and was committed to learning English and building a new life for their family.
Dina Fernandez became Nabila’s teacher. She spotted the need on the news last fall when it was announced that Afghan evacuees would be resettled in Charlotte.
A member of St. Peter Catholic Church, she joined the parish’s Refugee Mentoring team and became a volunteer for Catholic Charities’ Refugee Resettlement program.
“She was a giver,” Peter Fernandez said of his wife of 54 years. “Her work as a volunteer with the community speaks volumes. I would like people know that Dina was a great Catholic who loved her faith and always was looking to help people.”
A retired nurse who also worked at IBM, she was a Sunday School teacher and English translator who helped Hispanic immigrants during medical appointments.
They have two adult children, Melissa and Christopher, and two grandchildren. They have been active in serving the community and the Church as members of St. Gabriel Parish and more recently at St. Peter Parish, both in Charlotte.
“Dina was really proud of how much progress Nabila was making and how smart she was,” Peter Fernandez said, adding that she bought the family the “Farsi-to-English Oxford Picture Dictionary” to help with their lessons.
Dina’s sister Carmen Quesada said Dina loved Nabila.
“My sister understood that the best way to help people is to teach them to help themselves,” Quesada said. “I want people to remember my sister for her kindness and her joy. She did all these wonderful things, and there was a lightness in her. She helped because it was the right thing to do, but also because she loved it.”
Police charged the driver of the Honda Civic, James Payne, 21, with two counts of felony death by motor vehicle, DWI, reckless driving, having an open container and other traffic violations. He was also charged with misdemeanor child abuse because there was a minor in his car, police said.
Catholic Charities and the Diocese of Charlotte are reaching out to both families to assist in any way they can, Carter said. “We hope everyone in the Charlotte community will join us in praying for the families, that they may find strength and support to sustain them in their grief over the sudden, tragic loss of their loved ones.”
Nabila and Ahmed Rasoul are pictured with their three children – aged 4, 2 and 4 months – visiting new American friends just before Christmas. Nabila Rasoul was tragically killed in a car crash on East W.T. Harris Boulevard Feb. 15. Ahmad Rasoul’s face is blurred to protect his safety, as the family escaped from Afghanistan last summer fearing Taliban reprisals.Help the Rasoul family
A GoFundMe page has been set up to help the Rasoul family. Donate here.
