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.

[HEY4QDEMS]

Poor bastard gets 20 years for sobbing.

I guess the phrase "stop that crying or I'll give you something to cry about" really means something.

[TX Bluebonnet]

This must be the old "thirty seven stikes and your out" rule.

[Guillermo]

Did you take into account the prior 36 arrests, like the Judge did?

I'd almost say 20 years isn't long enough.

[Sloth]

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

I've used that analogy before. It seems perfectly suited to me, but people seem to have a problem with it. Probably because it IS perfectly analogous.

[ruoflaw]

Oh we most certainly can! When a person allows him or herself to get intoxicated and then operates a motor vehicle and causes a collision which causes the death of another....then he or she is a murderer and what is worse is this no good man left the scene to protect himself! Do the math....this man has had all those arrests since he was 17 or 18 years old. This was no accident...it was murder and I wouldn't care if they throw away the keys!

[Atlas Sneezed]

"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."

You fail to distinguish between the dangerous fool who thinks: "I can get home safely when drunk, since I have done it hundreds of times," and the madman who thinks: "I am going to drive my car across that center line and try to squash that oncoming motorcyclist."

Both are criminal, but there is an important moral distinction in mental states. Moral principles of criminal justice put important weight on mental state, and not just outcomes.

[Atlas Sneezed]

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.

Any verses that deal with unintended killings?

[Atlas Sneezed]

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

So would I. In neither case does the killer intend the death of another. And killers who do intend the death of another should be punished more harshly than killers who don't.

[DCPatriot]

The real crime here is the court system that allowed him to reach 37 arrests. The irony is that the Liberal judges are really complicit in this. (Calling Johnnie Cochran!!)

If he had been incarcerated for a couple of years at say, his 5th offense, then this person *might* still be alive.

I have no intention of minimizing the event and loss of life. But, let's be real here. Is jailing this man for 20 years an excessive punishment? Most certainly, under the circumstances and evidence provided here.

[HEY4QDEMS]

So would I. In neither case does the killer intend the death of another. And killers who do intend the death of another should be punished more harshly than killers who don't.

You are aware that the convicted is eligable for parole after 10 years, this sentence on it's face (20 years) may seem harsh to some, (not me), but in reality he is looking at no more than 15 years, which considering that he caused the death of another person, is not excessive at all.

[mombonn]

sheesh, the only excuse you didn't make for this guy was "the devil made him do it."

A man is DEAD because of his decision to drink, drug, and drive.

20 years sounds just fine to me.

[TC Rider]

You forgot to close your sarcasm tag.

< /sarcasm >

Better don your Nomex underwear.

[Guillermo]

Someone said it best earlier...drunk driving is like shooting a gun randomly in a neighborhood.

[ruoflaw]

You don't know that he wasn't incarcerated before. The drunk driver that hit my son's car while he was stopped at a red light was only 30 years old and it was her sixth offense and she had only been out of jail on a previous DUI for 12 hours and 22 minutes....my son lived because he was wearing his seat belt. She got ten months of jail...it was the third time that she had done time for DUI.

[Buffalo Bob]

Lethal injection would be more appropriate. He killed someone in commission of a felony.

A brilliant and acccurate response to this crime. It is high time that folks started getting the death penalty for such crimes.

[Sloth]

Any verses that deal with unintended killings?

Numbers 35:22-28 "But if without hostility someone suddenly shoves another or throws something at him unintentionally or, without seeing him, drops a stone on him that could kill him, and he dies, then since he was not his enemy and he did not intend to harm him, the assembly must judge between him and the avenger of blood according to these regulations. The assembly must protect the one accused of murder from the avenger of blood and send him back to the city of refuge to which he fled. He must stay there until the death of the high priest, who was anointed with the holy oil.

'But if the accused ever goes outside the limits of the city of refuge to which he has fled and the avenger of blood finds him outside the city, the avenger of blood may kill the accused without being guilty of murder.'

Having said that, I deny that a drunk driving death is unintentional. It's about as unintentional as me pointing a loaded gun at your head and pulling the trigger, then telling the judge I thought the safety was on.

[tom h]

The judge of record is a Republican. Glad to see that he threw the book at the perp. A liberal would have bought into the sob story.

[omega4412]

A DUI killing should be defined as murder with special circumstances.

[cgordon]

Yes, however they don't apply in this instance

[cgordon]

And you fail to realize that anyone who drinks to the point of drunkenness and then adds drugs on top of it IS a dangerous fool - with NO morals to speak of. There is no moral difference in either of the cases you speak of - "I can get home safely when drunk, since I have done it hundreds of times," and "I am going to drive my car across that center line and try to squash that oncoming motorcyclist." BOTH are intentional and both are done by dangerous fools.