23 year old sentenced to six years in prison arising from DWI accident
I was in Middlesex County Superior Court on Friday negotiating a plea agreement on behalf of a client. While in court, I saw a sentencing before the Honorable Joseph L. Rea which really affected me. As a criminal defense lawyer, I have seen a lot of difficult cases and terrible things but something about this case really made me think about life, the decisions we make, and the consequences of our actions.
The case was a drunk driving incident which turned into two counts of second degree aggravated assault. The Defendant was a 23 year old man with no significant criminal history to speak of. He had one conditional discharge for a marijuana offense. However, in this case, he was charged with driving while intoxicated (DWI) and two counts of second degree aggravated assault arising from a traffic accident which occurred while he was driving under the influence. His blood alcohol content was two and a half times the legal limit at .20. He crossed over a double yellow line and hit a vehicle head on. The two individuals in the vehicle were severely injured and almost died. The driver, a man, was in the hospital for four months and had injuries including a broken leg, broken ankle, and lascerated liver. The woman, his girlfriend, was in the hospital for a month and a half and also suffered significant injuries. Both individuals recovered from these injuries and were present in court for the sentencing.
The Defendant pled guilty to second degree aggravated assault as a result of this accident. His plea agreement was contingent upon the prosecutor recommending six (6) years in prison. He was looking at five (5) to ten (10) years in prison for each count of second degree aggravated assault. One of the victims spoke at the sentencing. He said that he didn't hate the defendant and he didn't want him to spend the rest of his life in prison but also that the defendant needed to be taught a lesson. The defendant's family also spoke and begged for mercy for their son, brother, and boyfriend. He is a young kid and feels significant remorse for what he has done. Obviously, he never intended for anyone to get hurt but his conduct rises to the level of recklessness which allows him to be charged with second degree assault.
In the end, the judge sentenced the defendant to six (6) years in prison. I believe this was a just sentence. On the one hand, you feel bad for this young man who got behind the wheel when he shouldn't have and got into a severe car accident. So many people have done the same thing but because their conduct did not result in an accident or because the injuries from an accident are not severe, they are not looking at jail time. However, he is facing jail time based on the serious injuries his reckless conduct inflicted. He was very close to facing vehicular manslaughter charges if the driver of the vehicle died from the accident. This young man is going into prison at 23 and he won't be eligible for release until he has served at least 4.5 years under the No Early Release Act in New Jersey. He must serve 85% of his sentence.
On the other hand, I believe the sentence is just because the court must deter other individuals from engaging in this type of conduct. For example, ff the judge showed mercy in this case, others would believe that they could get behind the wheel and, if they were in an accident which resulted in serious injuries, they also could receive leniency from the court. It was just a very unfortunate situation all around.
Although this story happened back in April, as I live in Massachusetts I just happened to come across this story of the 23 year old in NJ sentenced to 6 years in prison for a DUI accident involving injury. For a non fatal accident by any reasonable standards this was indeed a harsh sentence, just look around and see some of the sentences given, they don’t compare. Many DWI’s that end up in a fatality get less time than this kid.
In my state a police officer was found guilty of negligent vehicular homicide driving at high speed in which a woman was killed, he received three years’ probation and absolutely no prison time. The disparity of sentencing in America is unbelievable.
As I am concerned about overcrowding in prison as a result of longer prison sentences, I cannot comprehend why a judge would sentence a kid to such a long prison sentence for a non fatal accident.
Many judges are the biggest contributors to prison overcrowding, they just don’t seem to get it.
While I completely understand and sympathize with the amount of suffering and pain the victims had gone through and their months of recovery. I still find it disturbing that this kid without a prior record, who appears to be a decent person, who was remorseful and from a good family, would be sentenced to such a long prison sentence. The comment that if mercy was shown it would not be a deterrent to others. I find this difficult to believe. Young people today are not reading newspapers or news on television. This type of sentence is not one in which a kid would say to him or herself maybe I shouldn’t drink, because if I cause an accident with injury I’ll go to prison for 6 years. This is little deterrent factor in society today, it went out with public punishment.
Yes, we are responsible for the decisions we make, but the decisions we make at 20 are a lot different from the ones we make at 40 or 50 as there is a difference in our thinking process. I believe youth is less culpable for impulsive actions than older people.
What gave me an empty sinking feeling was the family begging for mercy and absolutely none was shown, I find that a cruel act.
The pressure of not knowing what kind of sentence the boy would get must have been a great weight on him and his parents and then to receive this long sentence must have been heart breaking.
It must have been heart wrenching to see the exchange between him and his family before being to be sent into America’s brutal prison system not knowing how he will be treated and frightening for him.
To me a 2-3 year sentence in the local house of correction and three to five years’ probation would have been sufficient punishment, anything beyond crosses the pale. What is really accomplished in six years that couldn’t be in 2-3? Six years for a 23 year old is a lifetime.
It seems to me that youth or intent is no longer considered when a sentence is handed down.
There is a difference in an unintended aggravated assault in an accident and an intended physical assault. This kid is paying a very high price for a youthful misjudgment, he did not deserve this. Young men become fodder for the prison system.
He will pay a price, I hope the price doesn’t ruin him and I pray that this long prison term will not destroy his life.
There is such a thing as forgiveness and redemption, some day after we die will have to stand before the God and hopefully He will show mercy to those who haven't shown mercy to others.
Yes, he will learn a lesson, but with this sentence, I fear the only real lesson he might learn is there is no mercy in the American justice system.
As a caring human being I find it hard to understand this judge’s lack of empathy for the boy and his family.
Life is short and to take away some of the best years of his life is in itself a crime.
Abraham Lincoln said, “I have always found that mercy bears richer fruits than strict justice”.