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Courts Getting Tough on Drinking Drivers
Courts in Mississippi and Washington State have recently handed down
decisions that set new precedents for punishing motorists who kill while under the
influence of alcohol.
In the December 1996 issue of usroads.com's hardcopy newsletter, the
TranSafety Reporter, we described the California case of Kenneth Autry, who was
convicted of two counts of second-degree murder for driving onto a freeway median and
killing two highway construction workers ("California Motorist Convicted of Second-
Degree Murder for Road Workers' Deaths"). In that case, the appellate court supported
the trial court's decision that the evidence against Autry proved "implied malice" and
justified the second-degree murder conviction. Other states are also issuing unusual
and severe convictions for drunken driving.
Mississippi's Harrison County Circuit Court convicted Brandon Blenden of driving
under the influence and causing death (the state's equivalent to vehicular homicide).
The Peninsula Daily News of Port Angeles, Washington, related the events in their
December 26, 1996 edition. The article stated that Blenden was 17 years old when he
drove drunk on Old U.S. 49 near Gulfport. He hit the rear of Ann Lee's vehicle, killing
Lee's daughter. The court sentenced Blenden to twenty years in prison for the July 29,
1995 death of the four-year-old and added a fine of $520. Blenden will pay the fine $1 at
a time, by writing a check to the Lees every Friday for the next ten years. In the check's
comment space, the convicted drunk driver must write "for the death of your daughter,
Whitney." The newspaper described the sentence as "part of a trend of alternative
sentencing by judges who have found that jail time is not a strong enough message for
criminals."
Washington's Spokane County Superior Court has handed down that state's first
first-degree-murder conviction for drunken driving. Lily Eng of the Seattle Times/Post
Intelligencer reported the story in the December 15, 1996 edition. The court sentenced
James Barstad to over 50 years in prison, more than twice the time he would have
served for a vehicular homicide conviction. The convicted drunken driver testified that he
drank three pitchers of beer at his girlfriend's home before angrily speeding off in his
pickup. He raced down the streets making obscene gestures at passing motorists and
going through stop signs. When he ran a red light at a busy intersection, he hit two cars
and his truck became airborne. The pickup finally landed on top of another vehicle,
killing Julie Allen, 15, and Karen Sederhold, 26. The crash also injured five bystanders.
Prosecutor Larry Steinmetz argued Barstad's actions showed "extreme
indifference to human life"--one of the conditions for first-degree murder. He felt
Barstad's conduct made it "inevitable he was going to kill someone" and the legal
equivalent of shooting a gun into a crowd. A Washington State attorney who specializes
in defending DUI cases called this case "grandstanding" on the part of Spokane
prosecutors. He added, "It's like rounding up a vigilante posse and charging a man with
a crime that's not on the books." Public defender Al Rossi contended Barstad "did not
intentionally set out to injure or kill anyone when he got into his truck." Rossi is
appealing the conviction and called the verdict a "farce." For now, Representative Mark
Sterk (R-Spokane) sees the verdict as a precedent for upgrading vehicular homicide
charges to murder charges.
Copyright © 1997 by TranSafety, Inc.
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