Spokane man gets 30 years for fatal DUI crash in Mineral County
A 41-year-old Spokane man was sentenced to thirty years in the
Montana State Prison last Monday for causing the death of his
"closest and best friend," Lester Chandler of Airway Heights,
Wash., in a drunken driving crash almost two years ago in June of
2008 near Big Creek in Mineral County.
A 41-year-old Spokane man was sentenced to thirty years in the Montana State Prison last Monday for causing the death of his "closest and best friend," Lester Chandler of Airway Heights, Wash., in a drunken driving crash almost two years ago in June of 2008 near Big Creek in Mineral County.
According to Mineral County Attorney Shaun Donovan Gunning and Chandler came over from Spokane in June of 2008 and were camping in the county. Donovan said that the pair ran into some local folks and went with them to a campsite on Big Creek. He said that they ended up staying there and drinking for a couple hours, having already been drinking beer throughout the day.
Gunning and Chandler soon decided to head down a forest service road to a nearby swimming hole. Donovan said that witnesses in the area reported that the vehicle was spinning gravel as it drove quickly down the road. As it was going around a curve, the vehicle skidded and ended up flying off the road into the creek. Gunning was able to extricate himself from the vehicle. Chandler, however, was not and died from the crash. Donovan said that the excessive rate of speed, alcohol and dangerous drugs led to the fatal crash.
"This tragedy is a loud, clear message to every person who insists on driving after drinking or doing drugs," Donovan said. "Eventually, you will kill someone. It's just that simple."
Donovan said that the fact that the two were best friends was something that both Gunning and Chandler's family confirmed.
The case was handled in Missoula and Donovan said that it was most convenient to do it there. Cases are assigned to a particular judge and Donovan said it wouldn't have been until later in June when Harkin would have been back in Mineral County.
Twenty years of the sentence ended up being suspended upon twenty seven conditions being met including abstinence from drugs and alcohol and no driving without both an ignition interlock device and the permission of his supervising probation officer.
Gunning was also made ineligible for parole until he successfully completes the WATCH in-patient alcohol treatment program operated by the Montana Department of Corrections. Donovan described the program as one of the most rigorous ones in the state.
Gunning's case actually didn't require that he complete the program, but Donovan said that he felt Gunning needed to go through the program before parole eligibility was granted. Based on the pre-sentence report that showed drugs and alcohol being issues for Gunning in the past, it was appropriate.
"If he doesn't complete this, he could end up serving his whole sentence," Donovan said.
Gunning will also be required to enroll in a drug treatment court upon his release from prison. Donovan said that it took a while for the case to move through the system, as there were some delays. One of the things that slowed the case down was waiting for reports. Donovan said that Gunning wasn't charged with the crime until many months afterwards. Then, Gunning's first lawyer advised him not to accept the conditions that were being offered to him.
"We were planning to go trial with this case actually," Donovan said. "But the first lawyer left and the regional supervisor took over the case and persuaded Gunning to take the offer."
Gunning will serve out his time in the Montana State Prison in Deer Lodge. Donovan says he hopes imposition of the thirty year maximum sentence will help deter others from making the same poor choices made by David Gunning.
"This crash cost one person his life and ruined the lives of several others. It will be tragic if no one learns a lesson from it," Donovan said.