Despite testimony and pleas from family, friends and business colleagues, a 51-year-old Garnett man was sentenced to more than three years in prison Thursday afternoon for his role in the death of a 21-year-old Coffeyville woman.
Eldon W. Riley pleaded guilty July 25 to involuntary manslaughter while driving under the influence of an intoxicant and reckless aggravated battery as a result of a fatal accident shortly after midnight on Dec. 31, 2006. Two charges — driving under the influence of alcohol or drugs and failure to yield at stop or yield signs — were dismissed.
Ashley D. Roll died from injuries received in the accident at the intersection of a Coffey County road and U.S. Highway 75 between Beto Junction and New Strawn. She was a passenger in a vehicle driven by Lindsay A. Shaw, 23, of Manhattan, who was seriously injured.
Riley’s pickup truck struck the passenger side of Shaw’s car, breaking Roll’s seat belt and causing her to be ejected, according to a report by Kansas Highway Patrol Trooper Jeff Norling. Riley and a passenger in his truck, Teresa L. Gretencord, 46, of Gardner, both were taken to Coffey County Hospital for treatment.
Riley’s attorney, Steve Doering of Garnett, filed motions for departure from sentencing guidelines and for departure from duration of sentence.
Riley dabbed his eyes with a tissue and occasionally wept Thursday as several people testified on his behalf before District Court Judge Phillip Fromme. All praised Riley for his role as a 4-H leader and fair association member and for being active in his community, his church and Knights of Columbus.
They said he was a caring father who participated in the lives of his three daughters, as well as helping other youngsters in the community. Some said that Riley has not drunk alcohol since the accident.
“I know he has expressed sadness and remorse that the incident has occurred,” said Michael Rockers, a banker from Greeley. Riley works for a cooperative at Greeley. “I have seen on one occasion — at least one — Eldon wept at my desk.”
Another witness said that Riley helped build a ramp to her home and modified a bathroom when her daughter suffered a serious spinal injury in a vehicle accident.
Riley testified on his own behalf and said he and his ex-wife had been foster parents of primarily teenage girls for several years, providing both traditional and emergency foster home care. He said that he was a member of Optimist Club, where the motto is “Friends of Youth.”
Coffey County Attorney Doug Witteman questioned Riley about a pre-sentence investigation and Riley’s written report of the accident. Witteman asked Riley if, previously, he would have assumed that a drunk driver who killed someone would go to prison.
“It would depend on the situation,” Riley said.
In response to questioning, Riley said he had taken Gretencord to Applebee’s Restaurant in Emporia, where he had drunk one beer. They went on to a family birthday party in Hartford, where he estimated he drank two or three more beers from a plastic cup.
Witteman told Riley that at 2 a.m., after the accident, his blood alcohol content “was still .13 — well over the .08 limit to drive, and yet it’s your testimony you only had two or three beers?”
“It could have been more,” Riley said. “... I didn’t realize I’d had too much to drive.”
Witteman said that he was troubled by Riley’s written report that included reasons for the accident. In it, Riley wrote that “the accident was my fault and I take full responsibility,” Witteman quoted the statement.
“Nowhere in that statement was an acknowledgment that he drank alcohol that night,” Witteman said in closing. “He is here because he chose to drink far too many beers that night to have any business sliding behind the wheel of that pickup. ... The conscious choice Mr. Riley made that night to drink and then to drive took from Miss Roll everything she had and everything she was going to be.”
He added that Riley had blamed oncoming headlights, rain and darkness as reasons for the accident and had not mentioned alcohol as a factor.
Lindsay Shaw testified that it was not raining when the accident happened, the fatal intersection was lighted and she had seen no other vehicle lights in the area as she drove south on Highway 75 that night.
“I guess all the empty beer cans outside his truck after the accident might have been a factor,” Shaw told the judge.
Shaw brought photographs of Ashley Roll and spoke emotionally about the loss of the young woman who had been her best friend for about six years. Riley revealed no emotion as Shaw sobbed frequently during her testimony.
The two women had gone to Manhattan and stopped in Topeka to eat before going home.
“Tomorrow would have been her 22nd birthday,” Shaw said. “... There was not a mean bone in her body. ... There was not a person who didn’t love her. She was so kind.”
She pointed out Roll’s fiancé, Kelly Testerman of Coffeyville, who had come to court for the sentencing, and showed a photograph of Roll’s little brother. Roll was to have custody of him after the death of her mother, who had been diagnosed with cancer. The mother, who was 47, died recently of a heart attack.
Shaw said Roll’s mother had forgiven Riley for her daughter’s death.
“I know that I have to forgive him, but I don’t want to,” Shaw said. “... I have to go to visit my best friend at her grave. He has to live with it but so do I. So does Kelly. He (Riley) can still breathe, and she can’t. ...
“At his age, he should have known better. I’m sure he preached to his kids not to drink and drive. If we let him go with a slap on the hands, what’s that going to teach?”
Riley’s attorney asked Shaw what she had done to avoid the accident; Witteman immediately objected, and Fromme sustained the objection.
“I don’t know that there’s any requirement that she needed to take evasive action, under the circumstances,” Fromme said.
Doering pointed out that Riley had no previous criminal history and had been a good citizen and father.
“He has been, is, and will be in the future, a productive member of society,” Doering said in presenting his case for probation or a departure from duration on the sentencing grid.
“People continue to be people; people continue to make mistakes and that’s what this is, Judge, a mistake,” Doering said. He asked that the court “do no further harm to Mr. Riley.”
Witteman said the prosecution was not seeking vengeance.
“No matter what is done today, we’re not going to fix what’s wrong,” Witteman said. “... What the court has to decide is because Mr. Riley’s a good citizen, should the law be applied to him or should it not?”
Witteman used several scenarios to ask what sentencing would be if the defendant were a wealthy person who donated money, a good citizen with no criminal record who was not actively involved in community work, and other examples.
“The point I’m trying to make, Your Honor, is I appreciate the life Mr. Riley has lived but it doesn’t give him a pass when you drink and drive and kill someone,” Witteman said.
Witteman asked for Riley be sentenced to 41 months on the involuntary manslaughter charge and 32 months on the aggravated battery charge, with the sentences running concurrently. With good behavior, Riley’s sentence could be shortened by 15 percent.
“He should essentially be back to his community, back to his family, about three years from now at the age of 54,” Witteman said. “I pray that he has a lot of years left after that.”
Fromme said he acknowledged Riley had been a good citizen in his community.
“But the court has to look at the whole picture here, and I think the whole picture is not just what looks best for Eldon Wayne Riley,” Fromme said. “You committed a crime that involved alcohol ... and caused a young person to lose her life.”
Fromme denied the motions for departures from sentencing and duration, and sentenced Riley to 41 months in prison on the first count and 36 months on the sentence. Riley also was ordered to repay court costs and fees involved.
Shaw said after the sentencing that she was satisfied that justice had been done for Ashley Roll.
Doering said he doubted an appeal would be filed because Riley had pleaded guilty; however, an appeal will be discussed.
Witteman said he had no comment.
madpoet (anonymous) says...
Even ONE drink can be too many. Sounds like he had quite a few. Too bad this won't stop people from drinking and driving. Those people never think it will happen to them. My heart goes out to the friends and family of Ashley Roll.
September 14, 2007 at 3:59 p.m. ( permalink | suggest removal )
KristieR (anonymous) says...
I don't know the man and I don't know the girl, but if it had been the young woman driving who killed the pillar of the community, they would be asking for a lengthy sentence. A message needs to be sent (and more often) that drinking and driving is not tolerated by anyone.
I'd like to know what happened to the little brother in this sad story. I hope there was another close family or friend who was able to give him a good home.
September 14, 2007 at 4:13 p.m. ( permalink | suggest removal )
create (anonymous) says...
What a tragedy. One life lost, one life ruined, two families torn up. All for one bad choice of getting behind the wheel when he shouldn't have. Despite a person's background, we must have zero-tolerance for drunk driving, but the further tragedy is that few will learn from this. God bless Ashley's little brother.
September 14, 2007 at 4:53 p.m. ( permalink | suggest removal )