Motorist could get 45 years in prison

Kim Smith

Friday, March 15, 2002 | 10:56 a.m.

Observers in the trial of Mitchell Dettloff emitted a low, but audible gasp upon hearing a verdict that could lead to a prison sentence of up to 45 years.

The emotions marked a combination of disappointment and resignation. If Dettloff, involved in an accident last April that killed three and severely injured another, had been convicted on all 11 charges he could have faced more than 80 years in prison.

On Thursday jurors found that Dettloff, 36, did not cause the accident. He was found guilty, however, of leaving the scene of the crash, which involved himself and the James Barton family. They also found that he was not aware of a second accident that killed Holly Barton, 33, Benjamin Barton, 8, and Brian Cooper, 30.

Dettloff was found guilty on three of 11 charges. The jury convicted him on two counts of leaving the scene resulting in death and one count of leaving the scene resulting in serious bodily injuries.

District Judge Joseph Bonaventure must decide May 14 if Dettloff should serve terms of two to 15 years concurrently or consecutively.

"He was convicted of the most serious charge," Deputy District Attorney James Hartsell said. "Would we have liked for him to be convicted on all of the charges? Of course, but we understand where the jury was coming from."

Dettloff's attorneys, Karen Winckler and Richard Wright, left the courthouse without speaking to reporters and did not return phone calls seeking comment.

Dettloff's wife Elizabeth Baclaan-Dettloff, who is more than eight months pregnant, left the courtroom without speaking to reporters.

In a barely audible voice, an exhausted-looking James Barton said, "I don't feel satisfied, but I'm glad he got something."

A teary-eyed but smiling Kim Cooper said she was pleased with the verdict, despite the fact Dettloff was acquitted on all charges involving her husband, a father of three.

"I'm relieved it's over," Cooper said. "I feel the verdict was fair. I never wanted vengeance, I simply wanted justice."

Cooper said Dettloff's actual sentence is of little consequence.

Prosecutors alleged that moments after Dettloff merged onto U.S. 95 from Ann Road he inexplicably drifted right, over-corrected and veered left into the Ford F-250 pickup carrying James Barton and his family.

The Barton vehicle then went across the dirt median and struck Cooper's vehicle head-on.

Dettloff told jurors that after his vehicle collided with Barton's he left the scene because he didn't see anyone pulled over and assumed that Barton had left. He had no idea about the second collision involving the Bartons and Cooper, he said.

Dettloff, who had been on house arrest after posting $500,000 in bail, was taken into custody following the verdict.