Matthew L. Rains has been sentenced to 41 months in prison for his role in the death of James Fredrick Benzon, 37, of Cottonwood Falls. Rains pleaded no contest April 23 to a charge of involuntary manslaughter while driving under the influence of alcohol or drugs.
The sentencing came on Tuesday in Lyon County District Court with Chief Judge Merlin Wheeler presiding.
The sentence could have been 62 to 69 months, according to Rains’ attorney, Clark Allemang.
“We had filed a motion for a durational departure request to depart down to 41 months,” Allemang said.
Allemang also had filed a motion for dispositional departure before sentencing.
A dispositional departure deals with the kind of sentence handed down. If the Kansas Sentencing Guidelines indicate a prison sentence, a dispositionial departure could ask for probation instead. If probation is indicated in the sentencing guidelines, a dispositional departure would request prison time.
Rains withdrew his dispositional departure motion.
“My client asked for permission to withdraw the dispositional departure,” Allmang said.
The 41-month sentence also includes 36 months’ post-release probation. With good behavior, Rains can earn up to 15 percent good-time credit, Allemang said. That could reduce time served to less than 35 months.
According to Gazette files, Benzon was walking south on Highway 177 between Cottonwood Falls and Strong City about 2:58 a.m. on Sept. 16 when the pickup truck Rains was driving crossed the center line and struck and killed Benzon.
Rains also was charged with driving under the influence of alcohol or drugs with one prior conviction for DUI, a non-person Class A misdemeanor; reckless driving “with wanton disregard for the safety of persons or property”; transporting an open container of liquor; leaving the scene of an injury accident; and obstructing official duty of Chase County Sheriff Richard Domeker. Those charges were dropped in exchange for the no-contest plea.
Chase County Attorney Bill North prosecuted the case.
madhouse (anonymous) says...
Just proves you can get away with murder in Chase County
June 30, 2007 at 8:39 p.m. ( permalink | suggest removal )
baileyscream4 (anonymous) says...
THIS WAS MY BROTHER TAKEN FROM ME SO SELFISHLY.....AND ALL YOU GET IS 41 MONTHS WITH THAT EVEN REDUCED FOR " GOOD BEHAVIOR". UNBELIEVABLE.......LOOKS LIKE RAINS FAMILY WILL GET THEIR LOVED ONE BACK AFTER A LITTLE SLAP ON THE HAND......AND THIS WASNT HIS FIRST TIME....BUT MY BROTHER NEVER AGAIN WILL I SEE....GUESS THE OTHER COMMENT WAS TRUE...IN THE STATE OF KANSAS, YOU CAN GET BY WITH MURDER....I HOPE RAINS RELIVES THIS EVERYDAY OF HIS LIFE.....IN MEMORY OF MY BELOVED BROTHER AND AS HIS VOICE I POST THIS.....
April 19, 2008 at 8:35 p.m. ( permalink | suggest removal )
create (anonymous) says...
No doubt he'll even be able to drive again. What an insult to the family of Mr. Benzon. The laws that govern drunk driving in this state are antiquated to say the least. With priors, this drunk driver should have been given at least ten years and have his driver's license revoked for life. I hope the family of Mr. Benzon goes after him with a wrongful death suit.
April 20, 2008 at 9:40 a.m. ( permalink | suggest removal )