"Thank God he is alive, many parents do lose their children due to drunk driving."

David Ervin Gundersen's sentence : no SWAP, 270 days "straight jail time" and five formal years probation.

A civil case was pending the outcome of this criminal case. Gundersen has insurance. He was ordered to pay fines. Restitution amount was reserved.

After a statement by Deputy District Attorney Steven Steward, Judge Graham Cribbs addressed the victim's family, accompanied by all three attorneys from  Zwerdling law firm as well as Gundersen's family, his boss and friends.

"Had no one shown up, I would have been inclined to continue the sentencing," said Judge Cribbs. "It is important to me that someone be here to represent the minor child."

"Most cases do not involve someone appearing for Marcy's law. This is an egregious case. It is important someone is here for the minor."

"I appreciate your honor taking this matter very seriously," said Zwerdling Law Firm's Ms. Heidi Holmquist-Wells. "This case has had a large impact on the minor and his family. "

Ms. Holmqust said that both the minor's mothers "thought they wluld lose their child hen they got to the scene."

Ms. Holmquist said the family of the minor had been prepared that Gundersen could get probation since he has no record and "the probation department is recommending probation. They understand. They are asking the court to make an example of Mr. Gundersen." The child endure physical and psychological trauma and had to testify, added Ms. Holmquist.

The minor's biological mom was in court with her former partner, Cari Crook. They still live together and have raised the minor and other children. Lee Anne Higgins, John Doe's biological mother said her 11 year old son's life, her life, the family's life has been changed forever.

Her son contemplates suicide. He planned to hang himself. He told her last night that this was his fault and "he should have died in the accident."

After victim impact statements, Gunderson's attorney, Mr. Ken Bareilles addressed the Court.

Judge Cribbs found unusual circumstances to grant probation. He went over in detail citing case law reasons for his ruling.
Gundersen had no prior record. Probation said he was at a low risk to reoffend. This was Gundersen's first felony conviction. Judge Cribbs also said that Gundersen was cooperative and admitted wrongdoing at time of arrest.

The maximum sentence Gunderson could have faced was 7 years in prison. Probation Department had recommended probation.

Due to a CALTRANS project, Gundersen was orderedto report to commit to jail on July 7.

On February 1st, a jury found David Ervin Gunderson guilty of driving under the influence causing injury.

The jury also found true two special allegations: the defendant's blood alcohol concentration was over .15 and that he inflicted great bodily injury on a juvenile victim.

On September 30, 2017, Gunderson was driving on Central Avenue in Mckinleyville with a blood alcohol level nearly three times the legal limit when he struck John Doe on a bicycle.


Previous post:
https://johnchiv.blogspot.com/2018/02/david-ervin-gunderson-guilty-on-all.html?m=1