Latest News 2014 March Fourth DUI, and First to Cause a Fatality, Results in Six to 15 Years in Prison

Fourth DUI, and First to Cause a Fatality, Results in Six to 15 Years in Prison

A man has been found responsible for the death of a young mother in a DUI-fueled crash, his fourth DUI conviction, and is now headed to prison for up to 15 years, as reported by the Lebanon Daily News.

J.E., 45, pleaded guilty to homicide by vehicle, involuntary manslaughter, driving under the influence, recklessly endangering, aggravated assault by vehicle and aggravated assault by vehicle while driving under the influence.

Before sentencing J.E. to six to 15 years in state prison, presiding Judge Bradford Charles told him, "This is more than just a mistake Mr. (J.E.), you killed somebody."

On December 5, 2012, J.E. drove north along Route 72 in North Lebanon Township, when, in a failed attempt to pass another vehicle, he crashed head-on into a car in the southbound lane.

The collision caused the death of the southbound driver, T.F., 31. J.E. sustained injuries and was taken to the Hershey Medical Center.

Two of T.F.'s brother spoke to J.E. in court. C.B. said, "Today's a rough day. Justice really isn't gonna be served, especially for two little boys. ... You can't put time on anything. Six years is way too less. I may be able to forgive, but not to forget." T.F.'s other brother, A.B., commented, "Words and letters can't explain what you took from me and my family. You took my best friend. ... It's going to be hard to watch my nephews grow up motherless."

J.E.'s attorney, Bryan Walk, said that his client was sorry for his action and "wished he was in the car (of the victim) that did not survive." J.E. also told the family that he was "sorry for what happened, but I know that's not good enough. I'm sorry for what I did to her family and her boys."

A.E., J.E.'s mother, had cried as she took her turn to speak. She had the added burden of having had met the deceased. A.E. said, "This whole thing is devastating. I met ( T.F.) once. I wish I could have prevented (the accident). I want to apologize to the family."

In regards to the prison sentence handed down, Assistant District Attorney Nichole Eisenhart said that the state's sentencing guidelines "never seem like enough" and "until the (state) legislature increases the mandatories, this is where we're at."

Judge Charles agreed with Eisenhart, stating that he couldn't go against state law. To the family Judge Charles further commented, "I'm sorry for all of you for your loss and also my recognition that nothing that happens today is going to make it right for those little boys. Homicide by vehicle charges are some of the most difficult to handle..."

As J.E. had three prior DUI charges in 1998, 2001 and 2004, the judge told him that he "had ample opportunities to learn what can happen when you drink. I'm not looking at this as a standard homicide by vehicle. ... This is pretty darn close (to putting a gun to someone's head)."

In the current case J.E.'s blood-alcohol level was 0.150 – nearly double the legal limit to drive.

In the prior cases J.E. had been ordered for treatment and to attend safe-driving classes. In this case the judge urged the prison system not to make the defendant eligible for any treatment programs.

Along with the prison sentence, J.E. must pay a $400 fine on the criminal charges, $250 for summary violations and $307 in restitution. He has also been barred from driving during his parole.

However, according to Judge Charles, "This sentence does not come close to providing justice to the family of the victim."

Any charges that you face that stem from driving under the influence require that you contact a DUI attorney to represent you. Only a qualified DUI attorney can manage matters involving DUI, DWI, OUI and OWI.

Archives