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Carters' negligence and reckless conduct caused Roy to sustain 'severe personal injuries, great conscious pain and suffering of body and mind and ultimately death,' the suit alleges.

Once she is released, she will be on probation for five years.

But he noted that the court didn't weigh in on Carter's guilt or innocence, but merely found there was enough evidence for the case to proceed to trial.

In addition to the text messages, prosecutors focused on a phone conversation Carter had with Roy while he was in his truck inhaling carbon monoxide fumes.

Prosecutors said Carter sent a text to one of her friends after Roy's death and told her that while she was on the phone with Roy, he got out of his truck because he became frightened.