Posted on: Thursday, May 10, 2001

Island Voices
Sentencing of drunk driver was right one

By Ted Baker
A former deputy city prosecutor now in private law practice

A recent letter writer expressed outrage that Judge Gail Nakatani sentenced Francis Julian "to only one year in prison for crashing into and killing" Melissa Ynfante.

The letter argued that Julian's high blood alcohol, speeding and fleeing the scene — and his prior experience as the family member of two impaired-driving victims in the Ernest Uyeno case — required a more severe sentence. It then asked how Judge Nakatani could issue a "joke" of a sentence that sends the wrong message when drunk driving is such a significant problem.

No one doubts the seriousness of the impaired-driving problem or the tragic impact it has on our community. However, at the time of sentencing, a judge must consider not just the facts of the offense and the need for deterrence, but the history of the offender and his or her future prospects.

Uyeno had two prior impaired-driving arrests (with one conviction), was charged with fleeing the scene, went to trial and was convicted as charged, and never took more than perfunctory responsibility for his crime.

Unlike Uyeno, Julian had no prior record, was not charged with fleeing the scene, and pleaded guilty and took full responsibility for his actions. Also unlike Uyeno, Julian took the blood alcohol test knowing full well what it would disclose.

Moreover, before any legal proceedings were instituted, Julian awoke from the denial he suffered after his sister was killed and his brother paralyzed and began a tireless campaign with his brother to bring the tragic story of his family to other young people. They hope that the life and deaths of Melissa Ynfante and their sister Dawn will be given meaning through their efforts to prevent others from doing and suffering the same violence.

But these efforts, however laudable, do not change the fact that Melissa Ynfante is dead and Judge Nakatani could certainly have held Julian accountable for that fact by imposing the maximum term of 10 years in prison. That would perhaps have been the easy thing to do and would have been perfectly reasonable.

Under all of these circumstances, I believe Judge Nakatani showed incredible courage and compassion.

If one life is saved through the efforts of Julian and his brother, Judge Nakatani's decision will be seen as the wise one.