Man sobs, sentenced to 20 years

The Advocate ^ | 11/14/02 | Marlene Naanes

[zingzang]

By MARLENE NAANES mnaanes@theadvocate.com Advocate staff writer

Gary Bennett tearfully begged for forgiveness Wednesday before a judge sentenced him to the maximum sentence for a drunken-driving wreck that killed a 42-year-old man.

Bennett, 45, claimed he has changed since he was arrested last year in the death of Gary Christian. State District Judge Todd Hernandez told Bennett, who was arrested 37 times in 27 years, that he had enough chances and sentenced him to 20 years in prison for vehicular homicide.

"The criminal justice system has shown more than its share of patience and understanding," Hernandez told Bennett. "You've been in treatment before. For some reason you chose to take a different path."

Hernandez said he sentenced Bennett to the maximum because he had a long list of previous arrests and convictions and because of the seriousness of Bennett's actions in the crash.

Bennett's car crossed a double yellow line on Hooper Road in October 2001 and hit Christian, who was driving a motorcycle, head on. Christian, 1348 Sherwood Forest Blvd., died instantly.

Bennett was under the influence of cocaine and alcohol, according to court records. He fled the scene, leaving Christian for dead. Bennett also left his girlfriend, who had a broken leg. Police caught him a few days later, buying drugs, court records say.

Hernandez let Bennett and a member of the victim's family speak in court before the sentencing.

Bennett said he was "enslaved in a life of sin of alcoholism and drug addiction."

"I'm very hurt, and I'm very sorry for what I did," Bennett said as the victim's family sobbed. "I never wanted to hurt anybody. I feel like I'm forever indebted to the family."

Bennett told the court he was not the same man he was last year when police arrested him.

"I can't say enough about how sorry I am," he said.

Christian's brother, Kevin Christian, told the court that Bennett took a "good man" from the family and that Bennett should have shown remorse before his sentencing. Christian had children, a fiancee, a grandchild and a grandchild yet to be born when he was killed.

"When you have time staring you in the face, we're all going to change when that happens," Christian said. "What about the day it happens?"

Hernandez echoed the brother's sentiments, saying that Bennett did not have the sense to check to see if Christian was still alive.

Hernandez also said Bennett was blaming what happened on alcoholism and not himself.

"You have life," Hernandez said. "One (man) has no life and others have a void in their life."

Hernandez said Bennett will not be eligible for parole for 10 years.

"By the time you are 55 years old, you will truly, truly realize the damage of your actions," Hernandez said.

[BJungNan]

Glad to see a judge take a firm stand. Should have happened 36 times ago, though.

[Tacis]

"Like all those other times, Your Honor, I'd really like to put this behind me and move on. I feel their pain, but I've got things to do and really would like to buy another one of those get-out-from-under cards."

[DCPatriot]

WHOA!!! Twenty years?

TWENTY YEARS??

I'm a staunch Conservative, but the sentence is totally too long.

You cannot equate an automobile, under the influence of alcohol with a Saturday-nite special used in a crime.

[ItisaReligionofPeace]

"State District Judge Todd Hernandez told Bennett, who was arrested 37 times in 27 years, that he had enough chances and sentenced him to 20 years in prison for vehicular homicide."

I'll give you the benefit of the doubt that you didn't read this before posting.

[Movemout]

" Bennett, who was arrested 37 times in 27 years, that he had enough chances and sentenced him to 20 years in prison for vehicular homicide. "

Maybe you missed this little tidbit.

[zingzang]

Really. Where was this judge when the guy was in court for the 5th time, or the 10th, or the 12th?? Is it completely impossible for other districts to communicate with each other? There are 64 parishes (counties) in Louisiana and it looks as if he could have been brought up on charges in every single parish, but it would have been viewed as a first offense had this one not involved the death of someone. So much for the "three strikes you're out" plan.

[antidisestablishment]

You're absolutely right. Lethal injection would be more appropriate. He killed someone in commission of a felony.

[Slip18]

He was arrested 37 times in 27 years. He's 45 years old.

Every 8.76 months he has been arrested on average. He's been doing this since he was 18 years old.

He's a drug addict and alcoholic. He killed someone, injured his girl friend, then walked away. He doesn't belong behind the wheel of any vehicle. 20 years is definitely in order.

I congratulate the judge.

[cgordon]

Really? How long would you have given this guy had it been your son, father or brother that had been murdered? Weather a gun, a car, a knife, a ballbat or your bare hands - murder is murder - under the influence or not. I think 20 years is getting off easy for God says that a murderer shall be put to death...atleast this guy will be able to live for the next 20 years - even if it is in a prison...

Num.35
[16] And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.
[17] And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.
[18] Or if he smite him with an hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.
[21] Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he meeteth him.
[30] Whoso killeth any person, the murderer shall be put to death by the mouth of witnesses: but one witness shall not testify against any person to cause him to die.
[31] Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death.

[joesnuffy]

Too bad some judge hadnt intervened before he killed someone..
Like the family said where was the remorse before the sentancing

[Eric in the Ozarks]

20 years is about right. But he should have been whacked with a five year sentence ten years earlier. Then, perhaps, his latest victim would still be alive.

[HEY4QDEMS]

The sad thing is if he was sentenced to five years at or about his third offence, he might have cleaned up his act and not have caused someone to die.

Many Judges take pity on drunk drivers and let them off lightly. If they really cared for the accused, they would sentence them in accordance with the law.

After a couple of spells in prison they may be more likely to address their problem.

[Atlas Sneezed]

I tend to agree that the sentence is excessive. First, past arrests aren't convictions. Second, the punishment should fit the crime, and let past punishments fit past crimes. Third, I sure hope that people who INTEND to kill others aren't being sentenced to less than 20 years, EVER.

Even the worst imaginable recklessness is vastly different from murder.

Frankly, if 5 years won't sober the guy, 20 won't. If the only justification is to take him off the road for as long as possible, then the justification is no different than for using the death penalty for unintended killings flowing from reckless actions.

I am also curious about his BAC. Lots of people drive at BAC levels (0.05-0.12) that used to be legal when the levels were established by medical evidence, and not political correctness. If one of those moderately impaired people (no more a risk than a sober teenager, cell-phoner, tired driver or octagenarian) happens to have an accident that happens to cause a fatality (and the accident might have occurred even if sober, as accidents often do) it would be wrong to throw that person in jail. (He should of course be financially liable for his negligence.)

[PatrioticAmerican]

You mean killing someone with a car while knowingly drunk and knowing that drunk driving kills is not the same as murder by a firearm? I'd say that it is even far worse as the drunk has no idea who his victim may be.

I'd equate drunk driving with firing a gun randomly in a neighborhood.

[meandog]

You cannot equate an automobile, under the influence of alcohol with a Saturday-nite special used in a crime.

You're right, a SNS should draw 40-to-life!

[Doomonyou]

Uhh...

Stupid headline.

Poor bastard gets 20 years for sobbing.

[Oberon]

I'm a staunch Conservative, but the sentence is totally too long. You cannot equate an automobile, under the influence of alcohol with a Saturday-nite special used in a crime.

"Change your name, or change your ways." - Alexander of Macedon

[Joe Hadenuf]

WHOA!!! Twenty years? TWENTY YEARS?? I'm a staunch Conservative, but the sentence is totally too long.

Unless of course it was your boy, girl, wife or brother that was killed and buried.

[cgordon]

He did intend to kill. He intentionally got himself drunk and high on drugs and then intentionally got behind the wheel of a car. He intentionally put himself in a situation to take the life of another human being. No matter how you cut it, it is murder.

"financially liable for his negligence"? The person he is financially liable to is DEAD!