Father of boy killed in crash says he deserves prison

Erica D. Johnson

Wednesday, Dec. 18, 2002 | 9:47 a.m.

Michael Schlotfeldt told a courtroom packed with grieving relatives Tuesday that he deserved to go to prison for killing his 2-year-old son in a traffic accident. But after District Judge Michael Douglas ordered Schlotfeldt to spend at least five years in prison, many in the courtroom said they were unhappy with the sentence.

Schlotfeldt's lawyer, Herbert Sachs, said the sentence is too harsh so he will appeal it.

"This is oversentencing," Sachs said. "Justice doesn't mean punishment. He has been punished. It was a tragic incident. But you don't throw someone in jail for making a poor judgment choice."

Prosecutors, however, had sought a stiffer sentence for the Schlotfeldt. The 27-year-old could have been treated as a habitual offender had he not agreed to a plea bargain. The maximum he will serve under Douglas' sentence is 20 years.

Douglas also ordered Schlotfeldt to pay $2,500 in restitution to cover the cost of the child's funeral and said: "This is a full-fledged tragedy that impacts families and generations. But there's no harsher penalty than for a parent to outlive their child. And for a parent to have a hand in that, I can't imagine. I can't hand down a harsher sentence than that."

Alisa Hart, Schlotfeldt's ex-wife, told Douglas that not even the maximum sentence would be enough.

"It was and still is hell," she said. "My son is dead because Michael made a bad choice with my son in his care. One night of selfishness cost my son's life."

Elexis Hart, Tommy's 9-year-old sibling, described how much she misses her little brother and how his death affected her. And, she said, "I used to think Mike was my daddy and he was responsible, but now I see he is not."

Schlotfeldt cried Tuesday as he apologized to Elexis and other members of his and his ex-wife's families.

"My son had something about him that made a room glow," he said. "Everyone in this courtroom lost that because of my stupid decision. There was no reason for it and no excuse for it.

"There hasn't been a day that has gone by that I haven't hated myself more and more for what I've done to my son," he said. "Unfortunately God kept me alive for a reason. Whatever that reason is, I hope I don't fail."

Schlotfeldt had been up all night drinking in Laughlin before he tried to drive back to Las Vegas with his son, Tommy, on March 17, according to prosecutors. Schlotfeldt tried to pass five vehicles, all tractor-trailers and recreational vehicles, on two-lane U.S. 95, but he plowed head-on into a U-Haul, according to a Nevada Highway Patrol trooper who witnessed the crash.

Tommy was killed. His father and David Walker, the man driving the vehicle that Schlotfeldt hit, were injured. Schlotfeldt used a wheelchair in court.

Schlotfeldt initially faced three felony counts, which included one count of child abuse and two counts of driving under the influence of an intoxicating liquor and causing death or bodily harm.

A day after his jury trial got under way, he pleaded no contest to driving while under the influence and causing death and bodily harm. In exchange for his plea, prosecutors dismissed the other charges.

The plea agreement also prevented prosecutors from asking the judge to treat Schlotfeldt as a habitual felon, which could have resulted in a stiffer sentence, Chief Deputy District Attorney Gary Booker said.

Schlotfeldt was convicted in a drive-by shooting and for theft seven years ago, he said.

Prior to Schlotfeldt's apologies Tuesday, Booker had argued for a harsher sentence, saying that Schlotfeldt had showed no remorse and that he pleaded no contest only because it was clear he'd be convicted at trial.

"He still hasn't owned up to what he's done," Booker said before Schlotfeldt addressed the courtroom. "That has been absent from the formula here."

Schlotfeldt told emergency workers he'd stayed up all night partying and drinking in Laughlin before making the trip back to Las Vegas, and Schlotfeldt's blood-alcohol level was 0.07 when he was tested two hours after the crash, Booker said.

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