Drunk driver faces up to 15 years in prison
BY LEAH THORSEN / Lincoln Journal Star
Originally Published Online: Monday, Dec 06, 2004 - 05:56:29 pm CST
Saying he was sending a message that it's not OK to drink
and drive, a judge on Monday sentenced a drunken driver whose crash killed a
single mother in Lincoln to 10 to 15 years in prison.
"Alcohol and driving do not mix," Lancaster County District Judge Paul
Merritt said as he sentenced the 27-year-old man, Aundra Gilbert of Lincoln.
Gilbert pleaded guilty in August to a charge of manslaughter in the death of
22-year-old Wendi Tyson.
The charge, which carries a maximum penalty of 20 years in prison, stemmed
from an Oct. 18, 2003, crash on the 10th Street overpass across from
Memorial Stadium.
Gilbert was driving a van that veered across the center line at about 1:15
a.m., smashing head-on into Tyson's car, according to a Lincoln police
accident report.
Gilbert's blood-alcohol level was 0.18, the report said, more than twice the
level legal in Nebraska.
He was hospitalized at BryanLGH Medical Center West after the crash for
abdominal pain and cuts to his left foot and nose.
When he was released from the hospital Oct. 23, he was jailed on suspicion
of manslaughter.
Before Gilbert pleaded guilty, Merritt had overruled motions to suppress
results of a blood test taken at the hospital that showed Gilbert was drunk,
as well as statements Gilbert made to police.
At Monday's sentencing, Deputy Lancaster County Public Defender Shawn
Elliott asked Merritt to consider probation, saying the fatal crash was an
accident.
He also said Gilbert's three children, who range in age from 1 month to 7
years old, would be hurt by their father being imprisoned.
Elliott also said claims that his client was speeding on the night of the
crash could not be proven.
A passenger in Gilbert's car told police Gilbert had been driving about 60
mph, according to the accident report.
Before that night, Gilbert had been convicted of speeding nine times, said
Deputy Lancaster County Attorney Marcie Hagerty.
And he got another speeding ticket after the crash that killed Tyson, she
said.
"Even killing somebody while speeding didn't teach him a lesson," Hagerty
said.
As the lawyers spoke, Gilbert kept his eyes on the table in front of him,
sometimes burying his head in his hands or pulling his T-shirt over his
face.
He chose to speak and asked for forgiveness from the dozen of Tyson's family
members and friends who attended the hearing, saying he never meant to hurt
anyone.
"If I could take it back, I would," he said, his voice cracking.
After the hearing, Tyson's sister Melissa Addleman said she felt sorry for
Gilbert's family, because her family knows the pain of having a loved one
taken away.
Tyson left behind a baby daughter, a year old at the time.
"It doesn't matter what he would have got," she said about the sentence
imposed by Merritt. "It won't bring Wendi back."
Reach Leah Thorsen at 473-7246 or
lthorsen@journalstar.com.
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