Court: DWI fatality sentence needs more definition

Headline Legal News

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

  • Not guilty plea entered in alleged drug deal slaying

    Not guilty plea entered in alleged drug deal slaying

    Headline Legal News 03/07/2022

    A defendant accused of fatally shooting a man because he didn’t want to pay him for a drug deal pleaded not guilty in Brown County Circuit Court Monday. Pedro Santiago-Marquez is charged with first-degree intentional homicide and being party to...

  • Democrats sue to overturn new Kansas congressional districts

    Democrats sue to overturn new Kansas congressional districts

    Headline Legal News 02/16/2022

    Democrats sued Kansas officials on Monday over a Republican redistricting law that costs the state’s only Democrat in Congress some of the territory in her Kansas City-area district that she carries by wide margins in elections. A team of attor...

  • Moats named to temporary seat on West Virginia Supreme Court

    Moats named to temporary seat on West Virginia Supreme Court

    Headline Legal News 02/07/2022

    A circuit judge has been appointed to a temporary seat on the West Virginia Supreme Court after the resignation of Justice Evan Jenkins. Chief Justice John Hutchison on Monday appointed Alan D. Moats to the high court. Moats has served in the judicia...

Chicago Business Fraud Attorney

Business Fraud can take many forms. In the broadest terms, a fraud occurs when someone intentionally deceives others for personal gain. Many times business fraud is harmful and recovery is necessary. Losing your personal or business’s assets can devastate your entire life. Contact Roth Law Groupto receive help on restoring your business to normalcy before you were victimized with fraud. Business fraud cases can involve multiple people and complicated schemes aimed at deceiving the public, auditors, investigators, or others. Whether you are dealing with corporate fraud or commercial fraud, we can step in and fight back to receive compensation that you deserve.

At Roth Law Group we are devoted to prosecuting and defending the legal rights of individuals and small businesses, as either plaintiff or defendant. Proving fraud can be extremely difficult. To have a successful business fraud case, one must prove that the defendant purposefully set out to defraud the victim. Fraud cases are being investigated more aggressively than ever. With increasing federal regulation and scrutiny of corporate practises, many individuals and businesses find themselves the subject of business fraud investigations.

Business News

Clayton, MO Federal Criminal Defense Attorney The Law Offices of John M. Lynch, LLC, provides strong representation for clients with federal criminal defense. >> read