Family’s comments at sentencing fought

Kim Smith

Wednesday, May 22, 2002 | 9:30 a.m.

Family members of those killed in an April 2000 crash should not be allowed to testify at the sentencing Friday of the driver convicted of leaving the scene of the accident, the driver's attorneys say.

Mitchell Dettloff's attorneys argue that because the jury didn't find Dettloff guilty of involuntary manslaughter or reckless driving, the family members of the three who died shouldn't be allowed to testify.

Dettloff was convicted of three counts of leaving the scene of an accident. The jury did not find that he caused the crash, his attorneys, Karen Winckler and Richard Wright, argue in a motion filed Monday.

District Judge Joseph Bonaventure is scheduled to sentence Dettloff, 36, on Friday. The judge must decide if Dettloff should serve three terms of two to 15 years concurrently or consecutively.

Prosecutors alleged that moments after Dettloff merged onto U.S. 95 from Ann Road he 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 Brian Cooper's vehicle head-on.

Holly Barton, 33, Benjamin Barton, 8, and Cooper, 30, were killed in the accident and James Barton was seriously injured.

James Barton and Kim Cooper, Brian Cooper's wife, are scheduled to speak Friday.

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.

The request shows that Dettloff's attorneys either misunderstand or have misinterpreted the statute pertaining to victim impact statements, Chief Deputy District Attorney Gary Booker said.

"How can you argue that these people aren't victims? In what world do you live?" Booker asked.

Bonaventure is expected to hear arguments from both sides shortly before the 9 a.m. hearing Friday.