Court: DWI fatality sentence needs more definition

Notable Attorneys

A Louisiana appellate court has ordered a state judge to add details to the sentence of a man who pleaded guilty to killing a jogger while driving drunk in October 2020.

A three-judge panel of the 3rd Circuit Court of Appeal ruled in the case of George D. McKinney Jr., who pleaded guilty last year to vehicular homicide in the death of 30-year-old Jason D. Webb, the American Press reported. The trial judge sentenced him to the maximum 30 years in prison but suspended seven years of that.

McKinney was driving fast and had crossed the center line on Old Highway 171, the Calcasieu Parish Sheriff’s Office told the newspaper on the day of the accident, Oct. 29, 2020.

The panel said it was not ruling on a claim that the trial judge failed to consider mitigating factors when he sentenced McKinney, who was a 22-year-old first offender. But it said the judge must explain how mitigating factors and aggravating factors affect the new sentence.

The appeals court also noted that the trial judge said he gave McKinney the maximum sentence to “set an example and to deter others from driving while impaired.” The court noted that it banned such a use of the maximum sentence in 2004.

The judge said McKinney must spend at least three years in prison without probation, parole or suspension. The appeal court said that wasn’t specific enough.

The judge also ordered McKinney to serve five years on supervised probation after his release from prison and to pay restitution for funeral costs, counseling for Webb’s children and any medical bills not covered by insurance.

The appellate panel said state law limits supervised probation after release to three years for someone in McKinney’s circumstances. And it said there must be a dollar amount and payment plan for restitution.

It also said the judge failed to order McKinney to participate in a court-approved substance abuse program, something that is required under state law.

Related listings

  • Some Michigan counties pause jury trials amid COVID surge

    Some Michigan counties pause jury trials amid COVID surge

    Notable Attorneys 01/18/2022

    Jury trials have been paused in some western Michigan counties due to a surge in coronavirus cases, court officials said Monday. Chief Judge Mark Trusock said all jury trials in Kent County 17th Circuit Court, based in Grand Rapids, were on hold unti...

  • Italy frees man convicted of 2007 murder of Meredith Kercher

    Italy frees man convicted of 2007 murder of Meredith Kercher

    Notable Attorneys 11/28/2021

    The only person convicted in the 2007 murder of British student Meredith Kercher was freed Tuesday after serving most of his 16-year prison sentence, his lawyer said. Attorney Fabrizio Ballarini said Rudy Guede’s planned Jan. 4 release had been...

  • Minnesota Supreme Court defers ruling on Minneapolis police

    Minnesota Supreme Court defers ruling on Minneapolis police

    Notable Attorneys 09/16/2021

    The Minnesota Supreme Court issued a narrow ruling Thursday in the fight over a ballot question about the future of policing in Minneapolis, but it didn’t settle the bigger question of whether the public will get to vote on the issue. Chief Jus...

Nicholas C. Minshew - Minshew & Ahluwalia LLP

Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.

Business News

Surry County Criminal Defense Lawyers. At DiRusso & DiRusso, we have the legal knowledge and experience to protect you. >> read
Canton, MI Criminal Law Attorney Rita White is a metro Detroit area attorney with a focus on criminal defense. >> read