Eric Hendrickson sentenced to 32 months
By Brandy Nance
Originally published 03:15 p.m., November 8, 2006
Updated 03:15 p.m., November 8, 2006
Eric Hendrickson, the man who pleaded guilty to involuntary reckless manslaughter and one count of driving while under the influence of alcohol, was sentenced Wednesday in District Court Judge Lee Fowler’s courtroom for the Dec. 22 death of John Blaufuss.
Hendrickson was sentenced to 32 months for the count of reckless manslaughter and 12 months for the DUI conviction, which is Hendrickson’s second offense. He also was fined $1,000 plus court and other costs. He was remanded into the custody of Lyon County Sheriff’s Office this afternoon and will serve the sentences concurrently.
Blaufuss was controller and interim executive director of university advancement at Emporia State University at the time of his death. He died from a skull fracture after a car struck him as he took an early-morning run on South Commercial Street. Hendrickson was arrested and charged with involuntary manslaughter while under the influence.
Following his ruling, Judge Fowler said that this was a very sad event, but it doesn’t change the sentencing guidelines.
“This court strives to be consistent in the judicial system,” Fowler said.
Fowler added that he sees no reason why Hendrickson shouldn’t serve the sentence.
“I see no reason to grant probation in this case,” Fowler said.
Throughout the proceedings, the family has said they forgive Hendrickson for his actions. Blaufuss’s wife, Dorothy Blaufuss spoke both during and after the sentencing.
“I’m not going to get any satisfaction to seeing him sent to (jail),” Dorothy Blaufuss said. “I have a lot of sympathy for Eric. I think he’s a good kid who made some poor decisions.”
Following the sentencing, John Blaufuss Jr., John Blaufuss’ son, said from day one the family forgave Hendrickson.
“We all sit here today knowing that we forgive Eric for this,” John Blaufuss Jr. said. “We truly believe that it was an accident. What is important is that we have a lot of people watching this trial.”
“We need to let kids know that there are consequences for drinking and driving.”
ec52 (anonymous) says...
Society cannot continue to slap the hand, and pity the part of society that recklessly endangers so many others by the selfish act of driving while intoxicated. Erics loss of some time is a tremendous price, but pales to that suffered by this family and by others that lose innocent friends and family through the senseless crime of driving while intoxicated. Tougher laws and tougher courts are needed until the shaping of attitudes toward the drunken driver are changed. It is a shame, a shame that so much is lost to so many so needleesly. John Blaufuss chose to exercise, Eric chose to drive while impaired. Who pays the greater price?
November 8, 2006 at 8:46 p.m. ( permalink | suggest removal )
10001110101 (anonymous) says...
I haven't seen much about the circumstances that lead to this accedent, Wasn't Blaufuss running in the road? I don't condone driving under the influance, but get off the roads and get out of the cars.
November 9, 2006 at 12:06 a.m. ( permalink | suggest removal )
az (anonymous) says...
Eric Hendrickson should never have gotten behind the wheel, that is a given. However, how can you give a man such a harsh sentence when the man that lost his life was atleast partly to blame for the incident. All circumstances surrounding this tragedy have not been exposed. You have a guy that started running in Emporia because people almost ran into him in his hometown of Olpe. Most of the time John ran he didn't wear reflective clothing; I personally saw him in the mornings wearing dark sweats (grey or black) and a bright colored headband. If you know any of the police officers in Emporia, I'm sure they would tell you that they have had to talk to John about not running in the middle of the streets. Even on the morning of the accident, John was sighted running more than 10 feet from the curb. Now if a guy refuses to take the advice of our police officers and continues to put himself in danger, than how can you atleast not blame him for part of the accident that occurred?
The profound statement that Judge Fowler expressed with the maximum sentence for the crimes, shows that this county and its constituents are not going to stand for drunk driving. Nevertheless, the maximum sentence that was imposed doesn't reflect the true nature of the crime. Giving Eric less jail time, in my opinion, would have sufficed in this case.
November 9, 2006 at 10:26 a.m. ( permalink | suggest removal )
hottopics (anonymous) says...
I agree that Eric should have to pay for drinking and driving. I dont agree that imposing a a lengthy jail sentence sends a message to those who drink and drive. Judge Fowler choose the wrong incident to make a example of.
November 9, 2006 at 11:06 a.m. ( permalink | suggest removal )
lbh77 (anonymous) says...
I think some of these comments are very sad. Eric has taken responsibility for his actions, expressed remorse, and asked for forgiveness from the family. He has received forgiveness and is now facing the same consequences of all those who take a life by drinking and driving. Remorse and regret are admirable but that does not mean illegal actions should not have consequences. What kind of world would we live in if they didn't. Society seems all too eager to put the blame on someone else. Also is 32 months "lengthy"? He will likely be out in 24 months at age 30. He has plenty of time to lead a productive life. John Blaufuss is gone forever. Even Eric has admitted he was in the wrong that night. Should others be the ones trying to place the blame on someone who followed the laws and rules that night? I certainly know that John did wear reflective shoes and clothing when he jogged and was always careful and aware of passing cars. He also did not begin running in Emporia because he was almost run over in Olpe. When someone is operating a vehicle with a .17 blood alcohol level, so intoxicated that he cannot even remember the event, do you think anyone is safe no matter where they are?
November 9, 2006 at 12:21 p.m. ( permalink | suggest removal )
marie17 (anonymous) says...
As the judge stated, no one victim is any more important than another, and no defendant is and more important than another. Eric plead guilty and got the sentence that the State of Kansas mandated. If his going to prison changes attitudes and keeps just one person from making the same mistake and killing another innocent person, then the Judge's decision was the right one.
November 9, 2006 at 1:06 p.m. ( permalink | suggest removal )
az (anonymous) says...
I agree with you lbh77; we could not live in a society that did not impose consequences for illegal actions. I searched the internet to find similar cases where a drunken individual killed someone. After reviewing the length of prison sentences in these cases, it looks as if Eric received a prison term that paralleled the terms set in those cases. I wasn't trying to convey that Eric wasn't at fault in the accident, and I apologize for my use of words. I was just trying to convey that if a pedestrian is told many times by officers that he/she should not run down the middle of the road, then should that play a part in the determination of the length of the prison sentence in this case? In my opinion, I think that it does.
November 9, 2006 at 1:17 p.m. ( permalink | suggest removal )
ad (anonymous) says...
I was under the impression that a plea agreement had been reached prior to trial. What kind of message does this send. If the Blaufuss family was willing to take the plea for probation, why didn't the judge uphold that decision? I've talked to quite a few people following this case that had seen this man run in the street many times--almost being hit by them. According to Mrs. Blaufuss' comments in her previous editorial, John is being missed at birthdays, confirmations, etc. Were they important to him?
November 9, 2006 at 4:03 p.m. ( permalink | suggest removal )
lpets (anonymous) says...
Eric Hendricksons sentence was TOO harsh. No one has commented about the other victim, Eric. Did Mr. Blaufuss feel that all the warnings he had received prior to this were for no reason? He started jogging in Emporia because he was tired of hearing from the Olpe people about him not being easily seen, because he did not wear reflective gear, and would not move when there was oncoming traffic. This I know because I passed him many times. His defiant disregard for all the warnings he heard was a LARGE factor in this tragic accident. There were sidewalks, why did he not use them? Why did he not heed the warnings? No, Eric was wrong do drive after drinking. That is a price he will pay for the rest of his life. Prison time will not lighten that load. I hope the Blaufuss family learns from the lesson also. If the Blaufuss family really wants to immortalize Mr. Blaufuss why don't they use the money from all the law suits and lobby the legislature for a Blaufuss law requiring joggers to wear reflective gear and stay on the sidewalks, have a tremendous fine for doing so?? This makes more sense than punishing someone for being a victim of circumstance.
November 9, 2006 at 6:18 p.m. ( permalink | suggest removal )
dmammam (anonymous) says...
I am sure that Eric is sorry for what he did, but that doesn’t change the fact that he chose to get in a vehicle that night and drive. Eric is a young man with a good heart and would have never set out to kill Mr. Blaufuss, but that doesn’t change the fact that he did. If you read the article closely and wait to make judgment you would realize that Mrs. Blaufuss said: “I’m not going to get any satisfaction to seeing him sent to (jail),” Dorothy Blaufuss said. “I have a lot of sympathy for Eric.” So do you think a woman who said that doesn’t forgive, it is the young men in women in this community she is looking out for. By not handing out a sentence to Eric it could say to others: “If you get a good lawyer and a sympathic family, you might only get probation for killing someone.” Which then sends the message its ok to drink and drive. I understand that some of you feel that Mr. Blaufuss contributed to his own death and that is your right to think that. Mr. Blaufuss could have been very lucky that he had not been hit before Dec. 22nd 2005, but that day, the day he was actually killed, what mattered is that day he was wearing reflective windpants, he had reflecters on his shoes, and was wearing a bright orange hunters jacket. Eric also had to cross over the opposite lane of traffic that he was traveling in to hit Mr. Blaufuss. Driving is a privelage, we all learned that during drivers ed class in high school, and so as privelaged drivers we must also take responsibility for being aware of our surroundings. Nobody forces anyone to drive drunk, unfortuanately that night Eric made the wrong choice, and now he is being punished by the state, not the Blaufuss family, but by the state for 32 months. The Blaufuss family is living the rest of their lives without Mr. Blaufuss not just two years.
November 9, 2006 at 7:30 p.m. ( permalink | suggest removal )
cbjb (anonymous) says...
Eric was wrong for driving after drinking that night and he should pay for the decision he made. However when he hit Mr. Blaufuss he was not the only person responsible for the accident. I personally almost hit Mr. Blaufuss numerous times because he did disreguard traffic. It is horrible and unfortunate that the Blaufuss' have to miss their loved one for the rest of their lives but everybody should see that Eric has to live with the events of that night for the rest of his life also. I am sure that that is equally as hard to live with. My deepest sympathy goes out to both families because they are both victims in this case.
November 9, 2006 at 7:36 p.m. ( permalink | suggest removal )
dmammam (anonymous) says...
There were no lawsuites I don't know where you got your information but as a friend to the Blaufuss family I can guarentee that there was no lawsuite. Eric was charged by the state not the Blaufuss family. Also if you had all your facts straight you would know that Mr. Blaufuss did not stop running in Olpe for the fact he was receiving comments, he started running in Emporia because he worked out at Walburn’s gym every morning. If you are at all firmilar with Commercial street in Emporia you would know that there is not a continous sidewalk on the west side of the street. So to tell joggers like Mr. Blaufuss to stay on the sidewalk it would be quite impossible.
November 9, 2006 at 7:41 p.m. ( permalink | suggest removal )
JessicaNelson (anonymous) says...
that's bull----. 32 and 12 months? thats it? in the county jail? i'd stick him in lansing.
November 9, 2006 at 8:40 p.m. ( permalink | suggest removal )
jal (anonymous) says...
Are some people forgetting that this was Eric's second DUI? Obviously, he didn't learn from the consequences of his first offense or we would not be having this "conversation." Eric chose to drive drunk AGAIN but he will be returned to his family intact after serving his sentence. John Blaufuss died a horrible death and is gone forever. This was not a "stiff" sentence; it was a deserved one.
November 9, 2006 at 11:30 p.m. ( permalink | suggest removal )
critter (anonymous) says...
I agree that Mr. Blaufuss was partially at fault in this tragic accident, and that really IS too bad. And all of you that said BOTH families are affected forever by this incident are right. How many times, when driving, have we all said, "Whew, that was close" when nearly running into a person in the street for any reason? The pedestrian DOES have the 'right of way' but the pedestrians must follow the rules of the road, also. And NO, it was NOT right for Mr. Hendrickson to drive after drinking . . . but what about driving while putting on makeup, or talking on the cell phone, or messing with the radio or the CD player or the ipod?? How many of us are guilty of any of the above, including being fortunate enough to get home safely after driving home from somewhere where we had a drink or two?? Count me in . . . and if Mr. Hendrickson was so intoxicated that morning, how on earth did he make it back from Olpe through the dark, in two-lane traffic and on the S-curves?? How come he didn't wipe out way before he got to Emporia, and especially after crossing the bridge and getting back onto wider roads with better lighting?? Let those of us who are completely without sin cast the first stone . . . not me!! I think some kind of punishment was to be expected, but I also think 32 months in prison is TOO MUCH in this case.
November 10, 2006 at 1 a.m. ( permalink | suggest removal )
ad (anonymous) says...
It makes me wonder that if there was a plea bargain offered by the prosecution that there must be more to this case than we all know about. If it is so "clear cut", why was a plea offered in the first place?? Evidently, the prosecution felt there was a possibility that Mr. Hendrickson could have been found "not guilty" on the involuntary manslaughter charge.
November 10, 2006 at 6:52 a.m. ( permalink | suggest removal )
marie17 (anonymous) says...
Eric and his lawyer came to the family with a plea, not the other way around. If Eric is a victim it is only because of his choices. If he had not gotten in his car with a blood alcohol level of more than twice the legal limit, he would not be serving time for killing another human being. An innocent man does not plead guilty and he has admitted that what he did was wrong. The plea bargain saved Eric from serving even more time if he were convicted of the more serious charge. Please remember this case was Eric Hendrickson vs. the State of Kansas not vs. the Blaufuss family and nobody won...a man is still dead, and two families are heartbroken.
November 10, 2006 at 7:42 a.m. ( permalink | suggest removal )
dmammam (anonymous) says...
There was a plea bargin made, it was offered by Mr. Hendrickson, and Mr. Davis, so in their minds it must have meant that Eric could have been found guilty. Eric Hendrickson could have spent more time in jail than just 32 months. He could have spent 34 months plus an additional 12 in jail time alone. What you also have to remember is that most likely Eric will only be spending 27 months in jail, I know thats only 5 months less, but its still less. What I don't quite understand is that if Eric is truly sorry and I believe with my whole heart that he is, why wouldn't his family support that? Why wouldn't they also feel the type of remorse that Eric feels? I know that the Blaufuss family thinks about and prays for Eric and his family everyday.
November 10, 2006 at 7:47 a.m. ( permalink | suggest removal )
siamesefred (anonymous) says...
Point of clarification: Eric Hendrickson's sentence will be served in state prison not county jail.
November 10, 2006 at 8:03 a.m. ( permalink | suggest removal )
az (anonymous) says...
It's not necessary to publicly degrade the families in this tragedy.
November 10, 2006 at 11:51 a.m. ( permalink | suggest removal )
siamesefred (anonymous) says...
"It's not necessary to publicly degrade the families in this tragedy."
AZ, I find your comment interesting. Read back through the thread; you seem to be one of the first to point the finger so strongly at Mr. Blaufuss in this blame game.
There are two sides and a whole lot of gray in this type of case. I applaud those willing to share their comments. Those with thin skins probably shouldn't put their opinions on the line.
November 10, 2006 at 12:24 p.m. ( permalink | suggest removal )
mabtn (anonymous) says...
All of these comments have been very interesting, but let's cut straight to the bottom line. John Blaufuss has been penalized for running in the street, an act that may be annoying to many but is not illegal; his penalty was death. Eric Hendrickson has been penalized for drinking and driving and hitting and killing a person while in an intoxicated state; and both of these acts have been determined by the state and society to be against the law. Eric Hendrickson's penalty is on record as 32 months in prison, time actually served will probably be less. Then his life can continue as before. Who has received the more severe penalty?
November 10, 2006 at 1:07 p.m. ( permalink | suggest removal )
wwjd (anonymous) says...
I am saddened as I read through all these hateful replys to a VERY sad situation. Both families have suffered great losses and you all are comparing apples to pears. Eric will have to live with this every day of his life and for those of you that thinks he "got off easy" - you are sadly mistaken!!! We all have our opinions (and apparently some type of pent-up anger) on this situation, but everyone makes mistakes. Should Mr Blaufuss have been running in the street of Emporia when we pay taxes to ensure a sidewalk on either side of the main streets? Couldn't he have run on the ESU track? Don't we teach our children very young to stay out of the street. Should Mr Hendrickson have driven home that early morning after being up all night? With or without alcohol involved, he probably should have stayed where he was or called for a ride. Do all these nasty emails bring Mr Blaufuss back? I understood the two families to be friends - do friends treat each other that way? And to bring up past mistakes - "let he who is without sin cast the first stone". I am praying for both families and I hope those with heavy anger on their heart can seek some type of counseling - as this incident proves, Life is too short to carry this around, and Olpe is not that big of place.
November 10, 2006 at 2:17 p.m. ( permalink | suggest removal )
mesner (anonymous) says...
Why does a local newspaper keep this story online for nearly 4 years???
June 6, 2010 at 12:58 a.m. ( permalink | suggest removal )
lildarling (anonymous) says...
It's called archiving. Every newspaper archives.
June 6, 2010 at 3:11 p.m. ( permalink | suggest removal )