Widow hopes others learn from tragedy
Tuesday, September 19, 2006
The widow of John Blaufuss said today that a plea agreement in his death may spare the family some pain, but that she hopes others learn from what happened.
“It would have been difficult for our family to relive the pain of our loss through a lengthy trial,” Dorothy Blaufuss said in an e-mail to The Gazette about the plea bargain given to Eric Hendrickson on Monday. “It is important to our family that, regardless of the plea, everyone understands the devastating impact Eric (Hendrickson)’s actions had on so many lives.”
In the plea bargain, Eric Hendrickson pleaded guilty to involuntary reckless manslaughter and a separate count of driving under the influence of alcohol. In exchange for that, prosecutors will not oppose a non-prison sentence for the manslaughter charge, which normally carries a prison term between 34 and 136 months and a fine of up to $300,000.
Lyon County Attorney Marc Goodman said the agreement had been approved by John Blaufuss’ family.
“Both families knew each other very well,” Goodman said. “They understood and accepted the agreement, so I accepted on behalf of the Lyon County Attorney’s office.”
Although Hendrickson now lives in Bushkill, Pa., he grew up in Olpe, within half a mile of the Blaufuss family.
Just in the next two weeks, Dorothy Blaufuss wrote, her husband’s absence would be felt in a number of ways.
“He will not be here to celebrate his son and daughter-in-law’s anniversaries, the baptism of his newborn granddaughter, the confirmation of a grandson, his son’s birthday, his mother’s birthday and my own,” she wrote. “We all love him and miss him so much. We hope that everyone who has been following the case, especially the youth of our community, will understand that there are consequences for the decisions we make and that it is never acceptable to drive under the influence of alcohol.”
Sentencing will be Nov. 8 at 1 p.m. The DUI is Hendrickson’s second offense and could carry up to 12 months in prison and a fine of up to $1,500.
John Blaufuss, controller and interim executive director of university advancement at Emporia State University, died from a skull fracture Dec. 22 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.
Defense attorney Steven Davis said Hendrickson had been driving on Commercial Street that morning when something he couldn’t see struck his windshield. But, Davis said, more than one vehicle may have struck John Blaufuss that day.
“Others are prepared to testify... that Mr. Blaufuss’ head did not strike the windshield, but his body did,” Davis said.
Under the original manslaughter charge, Hendrickson could have received 41 months if convicted, Goodman said.
District Judge Lee Fowler still has the option to send Hendrickson to prison on both charges. The defense has to prove that Hendrickson should not be incarcerated.
Fowler had just received the case Monday. District Judge John Sanderson had originally presided over the case, but recused himself last week because of a connection with Blaufuss.
Goodman argued that Hendrickson’s $25,000 bond should be revoked, but Fowler allowed it to continue.
“He needs to get his affairs in order back home,” Davis argued. “He’s not a flight risk by any means.”