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Plea agreement entered in washout case
Published Wednesday, May 20, 2009
The 21-year-old driver of the sport-utility truck that crashed into a washout on Freeborn County Road 34 last June, in which two people died, pleaded guilty Wednesday in Freeborn County District Court to two counts of criminal vehicular homicide as part of a plea agreement.
The driver, Charles Kenneth Dennison, of Albert Lea, has been charged with nine counts of criminal vehicular operation and six counts of criminal vehicular homicide — all of which are felonies — stemming from events that took place the night of June 29.
According to the plea agreement, Dennison — commonly called Kenny — pleaded guilty to counts 11 and 14, both of which are criminal vehicular homicide, in exchange for a downward dispositional departure.
Dennison would spend one year in jail, and after he finishes that time, he would spend 30 days in jail for each year of his probation around the anniversary of the incident, according to the agreement.
Probation could be somewhere between eight and 10 years, Freeborn County Attorney Craig Nelson said. If at any time Dennison violates his probation, he could face the maximum penalties for the charges. One count of criminal vehicular homicide carries a maximum penalty of 10 years in prison and a $20,000 fine.
Freeborn County District Court Judge Steve Schwab accepted the plea, and the official sentencing will be Aug. 27 at 1 p.m. At that time, Schwab will decide whether to follow the sentencing recommendations of the plea agreement.
Freeborn County Attorney Craig Nelson said the plea petition is a result of discussions between himself and Dennison’s lawyer, Cean F. Shands of West St. Paul.
Nelson said though the matter has been one that has involved injury and death of people close to Dennison, the young man needs to be given the opportunity to understand the seriousness of the issue. What has happened will be with him and his remaining passengers for a lifetime.
“We want to make sure that alcohol and driving stops in the future,” he said.
Police reports say Dennison drove a 2003 Chevy Avalanche around the right side of “road closed” barricades on County 34 and 778 feet later was going 40 mph southbound when the sport-utility truck crashed into a washout, killing two passengers. The washout had been present on the eastern Freeborn County byway since heavy rains on the night of June 11.
Court files state Dennison was the driver that night, and his passengers were Nathan Buchli of Albert Lea in the front seat and four people in the back seat: Langdon Bachtle of Myrtle, Kelly Jo Abrego of Myrtle, Kelly John Pechumer of Albert Lea and Broc Dempewolf of Albert Lea.
Abrego and Pechumer died as a result of injuries sustained in the wreck. Abrego is Dennison’s aunt and her three children are his cousins. Buchli is also his cousin.
The court files state Dennison’s blood-alcohol level was found to be a 0.16 level when measured via blood sample two hours after the crash. All of Dennison’s passengers in the sport-utility truck were also under the influence of alcohol, according to the files. They had gone to a town festival in Lyle from Abrego’s house in Myrtle and were taking a roundabout way from Lyle back to Myrtle.
During questioning Wednesday at the hearing, Dennison said he didn’t remember many of the details from the evening of the crash but couldn’t identify whether that was because of alcohol consumption or because of the injuries he sustained.
He received a fractured humerus, a concussion, a broken index finger and thumb and was in the hospital for two or three days, he said.
Nelson said there is differing testimony from the survivors of the crash about whether Dennison drove around the barriers on the road.
Dennison said the day of the crash he was aware of a washout on Freeborn County 34 but was not aware of its exact location.
He was referred to the Minnesota Department of Corrections for a pre-sentence investigation.
Nelson said he would wait until sentencing to officially dismiss the other counts.
Several of his friends and family were present at the hearing Wednesday.
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Comments
Posted by leeleebelle (anonymous) on May 20, 2009 at 6:36 p.m. (Suggest removal)
Unbelievable!
Posted by scurvydog (anonymous) on May 21, 2009 at 5:32 a.m. (Suggest removal)
Exactly. Two DWI deaths and no prison time at all unless he violates probation. (Anything less than "one year and one day" is done at the county level.)
I hope someone competent, locally known and trusted runs against Nelson when the time comes. It would probably be the biggest landslide in history for a local election.
Posted by taxpayer (anonymous) on May 21, 2009 at 7:53 a.m. (Suggest removal)
Instead of spending jail time around the time of the anniversary of the accident, why doesn't he spend holidays like Christmas, Thanksgiving, Mother's Day, ect. in jail instead. The victims who were killed in this crash don't get to spend holidays with their families, why should he?
Posted by badjuju (anonymous) on May 21, 2009 at 8:32 a.m. (Suggest removal)
Taxpayer.... Just think how much impact that would have on him,great idea.
Posted by JHT (anonymous) on May 21, 2009 at 9:23 a.m. (Suggest removal)
Maybe he could take this and teach young adults the outcome of drinking and driving. Go talk at schools or something?
Posted by anasgrammy (anonymous) on May 21, 2009 at 10:07 a.m. (Suggest removal)
unbelievalbe is right! this just isn't right. 1 yr. and then 30 days a year until probabtion is up? I also hope nelson gets the boot next election. he doesn't seem to know what he's doing. now we know the good sam girls will get nothing in their case too. how sad is this.
Posted by headscratcher (anonymous) on May 21, 2009 at 10:09 a.m. (Suggest removal)
Have we forgotten that ALL of his passengers were under the influence and they all chose to get in the truck with him. He didn't take them against their will. He didn't intentionally kill them.
Posted by kona (anonymous) on May 21, 2009 at 10:29 a.m. (Suggest removal)
I don't think any of the victims would want this for him. They all made poor choices that night. I'm sure just knowing what happened is the worst form of punishment there is for him.
Posted by leeleebelle (anonymous) on May 21, 2009 at 10:52 a.m. (Suggest removal)
I think, Kona, his victims would want to be alive. How would you feel about all this if someone in your family had been killed? Would you think differently I wonder! Do you honestly think his "thoughts" would be the worst punishment for him?
Posted by Winchester09 (anonymous) on May 21, 2009 at 11:01 a.m. (Suggest removal)
Just getting behind the wheel means you are responsible for the passengers of that vehicle, regardless if they had been drinking or not. Let's say there weren't any passengers and he hit another car and killed 2 people. Would the sentence still be fair?
Posted by kona (anonymous) on May 21, 2009 at 11:21 a.m. (Suggest removal)
leeleebelle: I honestly do think his thoughts are the worst possible punishment. They would be for me and I would have to imagine that something like that would continuously haunt anyone.
If someone in my family had been in that vehicle with him, I would feel immeasurable pain that they are now gone, but having the driver spend time in prison would not bring them back or ease my pain.
Under the circumstances, I would venture a guess that the victim's family members aren't looking for vengeance or restitution. I think the plea agreement is more than fair. Give the man a chance to make something of his life.
2 lives have already been lost. Losing 1 more is even more senseless.
Posted by kona (anonymous) on May 21, 2009 at 11:25 a.m. (Suggest removal)
winchester09: You raise a very valid point. I think the circumstances are very different from what happened in this case, and I think the consequences should be different.
Posted by scurvydog (anonymous) on May 21, 2009 at 12:17 p.m. (Suggest removal)
I don't think anyone will dispute what he must be going through for having killed two people (though not intentionally).
But whether it was their choice to get in the car or not, and whether he feels bad or not, does not override the need for SOME kind of punishment for the crime. We cannot set a legal precedent by letting his guilt be punishment. There are some people out there with absolutely no remorse, and then they too can claim "Well I feel really bad about it."
There HAS to be some kind of legal consequence for this. This wasn't simple poor judgment, it resulted in two deaths. You take the keys, you take responsibility for every passenger in your vehicle, whether or not they have been drinking.
I am not suggesting he should be imprisoned for life. But I am saying he should have gotten more than he did. Someone I went to school with got 12 years for a DWI that resulted in a death.
Nelson had better not DARE ask for a raise next time around.
Posted by leeleebelle (anonymous) on May 21, 2009 at 12:51 p.m. (Suggest removal)
Kona, some people don't feel remorse for anything they've done and when there's a history of alcohol and possibly drugs, remorse goes out the window. Punishment should fit the crime; two people were killed and as scurvydog said, when you're driving and have people in your car, you are responsible for them and, if you've been drinking, then you don't drive! Actually, that's it in a nutshell, DON'T DRINK AND DRIVE!
Posted by chrish (anonymous) on May 21, 2009 at 12:52 p.m. (Suggest removal)
Sadly, some people have no sense of guilt for things they do or the people they hurt in life. Most people do have remorse and when they make a mistake and hurt others, the guilt alone is enough of a punishment. That sense of guilt/remorse keeps them from repeating the behavior more than any punishment handed down. But unfortunately, not everyone falls into that category. Not sure if this young man does or not.
I feel badly for the families who experienced the loss. What a tragedy all around.
Posted by kona (anonymous) on May 21, 2009 at 1:25 p.m. (Suggest removal)
I think that is why there are juries to weigh out the individual circumstances.
If the families were to testify and express the need for greater or lesser personal responsibility and consequences, then that should be taken into account.
this situation sounded like a family incident with several members involved. they may know this man's heart and feel he has paid enough and don't want further penalty imposed.
i honestly don't know this individual situation well, but i know the need for us to be a forgiving people.
Posted by standingby (anonymous) on May 21, 2009 at 1:49 p.m. (Suggest removal)
kona, Amen!
Posted by HawaiianHomewrecker (anonymous) on May 21, 2009 at 1:49 p.m. (Suggest removal)
The circumstances are not different if you kill someone you know or a stranger. This person took the responsibility of driving his friends to and from a party. He should have not been drinking at all or should have stopped hours before he was to get behind the wheel of his car. His blood-alcohol level was .16 2 hours AFTER the crash, meaning he was tanked at the time of the crash. Until prison sentences are mandatory for deaths in alcohol related “accidents”, people will continue to drink and drive and people will continue to die.
Posted by HawaiianHomewrecker (anonymous) on May 21, 2009 at 1:54 p.m. (Suggest removal)
kona, Amen???, standingby, the bible says Thou shall not kill, not Thou shall not kill strangers.
Posted by kona (anonymous) on May 21, 2009 at 2:04 p.m. (Suggest removal)
HawaiianHomewrecker :
What does anyone gain for this man's life to be lost?
I am going to guess the judge took testimony and statements from family and friends into account when the arrangements were made for the plea.
When something like this happens, it is tragedy enough. To know that at one moment they were all out partying and having a good time, and the next a horrific accident happened is truly sad. They all acted irresponsibly.
Being under the influence impairs judgement. It impaired the driver's judgement and the passengers who chose to get into the vehicle with him. They were not entirely innocent bystanders, but active participants in the evening, fully being aware that the level of responsibility was very low.
Surely not everyone feels the same level of remorse, but I have to believe that losing his aunt and friend has greatly impacted this man. I believe that no one stands anything to gain by sending this man away.
I don't view him as a criminal who poses future harm to society... someone who needs to be locked up, but as someone who has made a grave error in judgement and needs our forgiveness.
There but for the grace of God, go I.
Posted by leeleebelle (anonymous) on May 21, 2009 at 2:08 p.m. (Suggest removal)
There was no trial. It was a plea bargain. The man killed two people as he was driving while drunk. Kona, I think your sense of justice is a bit warped!
Posted by HawaiianHomewrecker (anonymous) on May 21, 2009 at 2:20 p.m. (Suggest removal)
kona, it is not for a victim ( or in this case a victim's family as the victims are dead ) to decide what a fair punishment is, it is societies. The punishment is there not only to punish the guilty, but to serve as a deterrent for others. Shall we let Bernie Madoff go free? After all he probably does not pose a future harm to society. What good would it do to send him to prison? If driving under the influence punishments were harsher, or if punishments for deaths resulted in alcohol related "accidents" were mandatory prison time, do not you think people would be more responsible when going out "partying"? And for you to partially blame the victims I do not understand. It is like blaming a rape victim because she wore a mini-skirt.
Posted by chrish (anonymous) on May 21, 2009 at 2:24 p.m. (Suggest removal)
Plea bargains are part of the problem with our judicial system. It should be more straight forward. You are convicted or plead guilty to crime "X" your punishment is "Y". That way everyone knows up front when you commit the crime what the time will be.
I don't know anyone here personally but having to live with knowing I killed a family member would be horrible and no amount of jail time could top that in terms of a punishment.
For kona - you can't assume the passengers were fully aware that the level of responsibility was low. If they were intoxicated, they wouldn't have good judgment themselves. Maybe he was supposed to be their designated driver?
Bottom line, we don't know so we shouldn't speculate. You might want to excercise sensitivity to the family members of the deceased. They have been through enough without having to deal with "blame the victim". I don't think you really meant it to come off that way but it kind of did.
Posted by kona (anonymous) on May 21, 2009 at 2:32 p.m. (Suggest removal)
I am not saying he should have zero consequence. I think the plea bargain is more than fair.
I think a lot of things that we have little knowledge about were taken into consideration in determining the outcome of this case.
I feel sad that so many comments were out of some sort of vengeance for this man and ripping apart the prosecuting attorney, when none of us were there and most of us only read about this in the newspaper or heard some gossip regarding the situation.
I still maintain that all of the participants that night share responsibility for their actions. The brunt of it definitely falls on the man whose hands were at the wheel, but the rest used poor judgment as well.
HawaiianHomewrecker: I would never blame a rape victim because she wore a mini-skirt, yet choices we make and situations we put ourselves in can result in unfavorable outcomes.
Posted by kona (anonymous) on May 21, 2009 at 2:40 p.m. (Suggest removal)
chrish: I definitely did not mean for my statements to come across as if I am blaming anyone. Blame is a strong word. It was a fun night gone very wrong with great consequences.
It really bothers me to see the stones coming out for this man. You're absolutely correct I was not there, but I can see how something like this could transpire. Friends out partying together not even considering that something like this could ever happen.
I really don't think they would blame this man for what happened. I have to believe they were all aware of what they were doing, but couldn't see the outcome.
Posted by chrish (anonymous) on May 21, 2009 at 2:48 p.m. (Suggest removal)
kona - You have the right to your opinion but you weren't there so don't bring the victims into this when you don't have all the facts. How would you like it if it was your family member who had been killed like this and someone was putting even an ounce of blame on them? Whether they all knew what they were doing or not, blaming the deceased and the surviving victims does no more good than publicly crucifying the perpetrator.
Do you understand that their family members and the accident survivors may be reading this? Think about how this might come across to their parents, children, etc. To borrow a line from Jennifer Aniston, you seem to be missing a sensitivity chip here.
From reading your posts, I don't think you are meaning to offend the victims and their families but you very well could be. Just some food for thought.
Posted by chrish (anonymous) on May 21, 2009 at 2:58 p.m. (Suggest removal)
kona - It sounds like you are writing from personal experience with this type of thing. So maybe you have a different take on this than those of us who have never directly been involved with a situation like this. Offering another perspective from another viewpoint perhaps?
I am not sure what the victims were aware of or not. Any time you put a controlled substance into your body, you alter your judgment. Some people are affected more than others. We just don't know. I do agree that no one probably thought the outcome would be this.
All around a sad situation and my heart goes out to the victims and their families.
Posted by taxpayer (anonymous) on May 21, 2009 at 3:37 p.m. (Suggest removal)
I agree with Cherish. Plea bargains are a joke. What sort of plea do the victims get? Do they get to chose how long they get to be dead for? No they do not. In this case, the operator of the murder weapon should get same amount of choices that the deceased victims get which is none. My thoughts and prayers go out to the families that are left to pick up the pieces.
Posted by standingby (anonymous) on May 21, 2009 at 8:59 p.m. (Suggest removal)
To all of you , May you never say never,, it will bite you. Thank God if you never receive that phone call in the middle of the night, tell your children you love them "unconditionally* and forgive those whom have hurt you, life is short. Memorial Day is approaching, be safe!
And please, for the sake of all involved in this tradgey, if nothing else,try to be nice in your post , this is a true tragedy that will last a lifetime not only for the victims, but also the community, many people are suffering.
Thank You!
Posted by lumpybumps (anonymous) on May 22, 2009 at 2:49 a.m. (Suggest removal)
All of the facts are not public. This would be "Kenny's" second DUI within a year. He was only 19 at the time of the "accident". He was drunk, two people died, he needs to serve time in prison just like anyone else. As far as it being family members that were involved, that just makes it worse. This plea barginning out is just not right. What could the County Attorney and the Judge be thinking about????
Posted by knockerknock (anonymous) on May 22, 2009 at 8:56 a.m. (Suggest removal)
Anyone remember when(1989) Brant Storvick killed that girl when he was driving drunk? Did he do any prison time?
Anyone remember (1990)when Kurt Hanson drove a motorboat while drunk and he killed Gayla Hernandez. He spent some time in Stillwater State Prison.
Prison time would be appropriate for Charles Kenneth Dennison in regards to his criminal pattern and reckless disregard for life.
It's obvious that Mr. Nelson has no desire to actually take a case to trial. Why would he? He still receives a paycheck no matter how much time he puts into a case. It's in his best interest to invest as little time into a case as possible. It's an absolute shame to have Mr. Nelson represent Freeborn County as OUR County Attorney.
Posted by Tulip (anonymous) on May 22, 2009 at 10 a.m. (Suggest removal)
You are right lumpybumps. I just looked this up on the Internet and he did have prior alcohol related offenses. Must not have felt it was that serious of a crime first time he was caught.
Posted by chrish (anonymous) on May 25, 2009 at 12:21 p.m. (Suggest removal)
http://www.startribune.com/local/4596148...
Just more evidence as to how serious drinking and driving is. Among the victims - a 2 year old child.
My heart goes out to this victims and their families.
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