Daughter to plead with judge
Susan Swift believes drunk driver who critically injured her parents shouldn’t get probation
By Scott Rochat
Friday, June 15, 2007
More than three years ago, a drunk driver badly injured Susan Swift’s parents. Today the driver is set to be sentenced in Dodge City — and might get only probation.
To Swift, that’s outrageous.
Her mother, Phyllis Aldrich, later died from her injuries, she said. Her father, Robert Aldrich, remains crippled. And Richard Peterson of Colorado Springs, who was 60 at the time of the accident, is set to get 52 months probation — despite a record that Swift said includes seven citations for driving under the influence.
“If somebody drinks and drives once, you hope they can learn from it,” said Swift, an Emporia resident who works at Newman hospital. “If it happens a second time, maybe you hope they learn. But a sixth? Getting convicted of a seventh?”
The sentencing was scheduled for 10:30 a.m. today.
That’s why Swift, one of her brothers and her father were in Dodge City this morning as well: to make a statement and hopefully persuade the judge to set aside Peterson’s plea bargain.
“(Attorney General) Paul Morrison encouraged me to tell the whole story in court,” she said. ‘He told me ‘Judges are to a point where a lot of the time they’re overturning plea bargains because the plea bargain didn’t fit the case. Say as much as you possibly can.’”
The accident happened around 3:15 p.m. Sept. 26, 2003. According to reports of the accident, Peterson tried to pass several cars at once on U.S. Highway 400 and hit the Aldriches’ car head on. A Dodge truck then hit Peterson’s Cadillac but the truck’s driver and passenger received only minor injuries. Both of the Aldriches and Peterson were taken to Western Plains Medical Complex in Dodge City.
An aunt called Swift, who had been helping her daughter get ready for homecoming. Swift had already started to head down when a second call came, saying her dad would have to be flown to Wichita. His injuries included two broken legs, a broken hip and some broken ribs. Her mom was going into surgery.
Swift spent three hours on the phone as she drove toward Dodge City. The drive from Emporia took her just 20 minutes longer than that.
“I think I hit 74 the whole way out and prayed I wouldn’t get pulled over,” Swift said.
It would be six months after the wreck before both her parents could go home to Bucklin. Her father had to stay in a nursing home for three months because his legs wouldn’t bear his weight.
Swift and her brothers made repeated visits to see and take care of her parents. Repeated calls went out to the Kansas Highway Patrol and the Ford County attorney to see how the case was progressing. It wasn’t. According to Swift, no official came to talk to her parents until 10 months after the accident. No move would be made against Peterson until November 2004. At that point, she said, he fled.
Peterson surrendered in July 2006. He was put into rehabilitation and eventually released on his own recognizance. Eleven charges were initially brought against him, but six would be dropped. The five remaining were four counts of aggravated battery and one count of driving under the influence.
According to Kansas law, any DUI after the first carries at least a 90 day sentence. But in this case, that could be covered by time already served: the 102 days that he spent either in rehab or waiting to be sent to rehab.
By the time Peterson turned himself in, Phyllis Aldrich would no longer see it. According to Swift, her mother received a head injury in the accident that worsened into progressive dementia. She died April 23, 2005, at Western Plains.
“Mom would tell me ‘I forgive that man. But if he was drinking, I’d like to see him face charges for it,’” Swift said. “She doesn’t know what the price was — that it was nothing. So I’m going to give her her day in court.”
Robert Aldrich continues to have trouble with his legs, needing more help around the house than he used to. An upcoming surgery may relieve the pain but probably won’t restore the function.
Swift said she is hoping that her appeal to the court will work. She’s hoping that the driving-while-drinking laws can eventually be toughened. What upsets her is that it even has to be an issue.
“You tell me what makes sense about this story,” she said. “I found out a lot of stuff I really didn’t want to find out.”
MelissaE (anonymous) says...
Kansas law is certainly interesting, to say the least. In Maine, with that many convictions for OUI (DUI in Kansas), his license would have been suspended for life. Would that have prevented this tragedy? Maybe, maybe not.
As well, he would most certainly be serving jail time, regardless of his previous incarceration.
Seems to me that Ms. Swift should petition her legislators regarding KS law. And maybe KS should rearrange its priorities.
M
June 15, 2007 at 9:36 p.m. ( permalink | suggest removal )
jewls7969 (anonymous) says...
why should they. They drink too and drive. The one in Abilene does. Judges, cops. all of them except the ones that are really church goers. I can't stand it when they preach to our kids not to smoke or drink when they themselves do it. How hipicritle can that be!!!!!!!!
February 24, 2008 at 4:09 p.m. ( permalink | suggest removal )
create (anonymous) says...
In Hawaii, with prior DUI convictions, he would lose his license for life, not only there but in all states. Then he would spend some time in jail. I agree with Melissa with regard to petitioning legislators. But does that stop more tragic endings? If it did, we wouldn't have so many repeat offenders. Still, it would punish the guilty for that particular crime.
February 25, 2008 at 9:47 a.m. ( permalink | suggest removal )