Archive for Friday, June 15, 2007
Man sentenced to year in prison for fatal accident
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Steamboat Springs A 37-year-old Lakewood man was sentenced to one year in jail Thursday after pleading guilty to careless driving that resulted in the death of Craig resident Michael Bailey in February 2006.
During an emotional sentencing in Routt County District Court, visiting Senior Judge Thomas Ossola told Dustin Lund that the sentence fell short of restorative justice.
"In fashioning a sentence in any case where there is a loss of life, the court is deprived of any opportunity to restore the parties to where they were before the accident," he said.
Lund's sentencing, which was continued a second time from June 5, was the first time Bailey's family, including his 18-year-old son, Jordan, and sister, Kathy Oberwitte, heard from Lund since the accident.
"I'm so sorry for the bad decision I made that day," he said, tears streaming down his face. "I know you guys lost a very important person in your life. There aren't enough words for me to say I'm sorry. I'm sorry."
Bailey died in February 2006 near Hayden after Lund, who was driving a commercial truck, struck the Coca-Cola truck Bailey was driving. Lund admitted he was sleep deprived at the time of the accident and should not have been driving. Several other motorists on U.S. Highway 40 called 911 to report Lund's erratic driving in the hours leading up the accident. Lund was accused of being under the influence of methamphetamine at the time of the accident, but because of mishandled evidence, the District Attorney's Office pursued only a misdemeanor charge against Lund. The maximum punishment was a one-year sentence in Routt County Jail.
During the sentencing, Jordan Bailey presented a 15-minute slideshow chronicling his father's life with photos and music.
"I never even got to say goodbye," he said. "My dad was my best friend. He was my hero. These photos and the memories I have in my heart are all I have left of my father."
Kris Hammond, Lund's attorney, asked Ossola to consider handing down a sentence that included probation so Lund could work and support his family, despite recommendations that advised Lund was not a good candidate for probation.
"One day the jail doors will open and he'll be out, but I think the court can make a bigger impact by creating a sentence that would motivate him," Hammond said.
Ossola disagreed, instead handing down the one-year sentence. A restitution hearing will be scheduled at a later date, Ossola said.


Comments
thecondoguy1 (anonymous) says...
easy one hash, the RCSO was in Utah picking stuff up and running their citizens off the road...........
June 15, 2007 at 10:21 a.m. ( permalink | suggest removal )
madmoores (anonymous) says...
RCSO???? Where was the State Patrol? This accident happened during the normal "rush" that goes on between Craig and Steamboat which usually has two or more patrol cars stalking the road. The driver admitted to the police(that eventually showed up)that he was under the influence and that he had been driving to long(which was proven by the logs that were collected). What does it take??? If several people called 911 to report his behavior, why was he not contacted?? The DA is simply passing off the blame on the cops and not standing up for the rights of the victims. As a circulator in the failed recall effort a few months ago, you all would be floored by some of the stories of corruption, lack of compassion for victims and the downright bullying that goes on in bonnie roesinks office. The justice in the 14th judicial district is corrupt from the top on down and I hope that the new recall will be succesful where ours was not. These people need to go away and new ideas brought in or we all will be affected by tragedies like this one sooner or later. In 216 days a drug addicted murderer will be set free to kill again. Maybe you. Maybe a loved one. Maybe your whole family. If not him, someone else set free on a reduced charge just might. Put yourself into Jordans shoes...............what do you feel????
June 15, 2007 at 12:39 p.m. ( permalink | suggest removal )
kielbasa (Matthew Stoddard) says...
Condoguy-
To be fair, this was in Feb 2006. Wall was only shopping for himself and his "flipside" back then.
***funny, though! LOL!***
June 15, 2007 at 1:05 p.m. ( permalink | suggest removal )
spukomy (anonymous) says...
Anyone have a take on the company that gave him the truck? Did they drug test him? How long did he work for them? Meth is no joke. If drivers aren't properly screened, or their past is not looked at, this could happpen again soon.
It's easy to pass on bogus paperwork when times are tough finding help. I'm not saying this is the case, i'm just wondering why the company whose truck it was is not mentioned.
June 16, 2007 at 2:56 a.m. ( permalink | suggest removal )
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