An intoxicated motorist, who pleaded guilty in the killings of another driver and a passenger in a second car, while he drove the wrong direction on a west Topeka highway has been sentenced to more than 16 years in prison.
Defendant Fernando De Jesus Osorino, 30, of Kansas City, Mo., pleaded guilty on Feb. 9 to two counts of involuntary manslaughter while driving under the influence of alcohol and one count of DUI, according to Shawnee County District Court records.
One count of driving the wrong way on a divided highway and two alternative counts of reckless second-degree murder were dismissed.
On Feb. 28, 2016, at 2:10 a.m., Osorino was eastbound in a 2003 Kia Sorento in the westbound lanes of I-70 near S.W. Wanamaker Road when it and a westbound 2007 Honda Civic driven by Corey R. Jackson, 27, of Newark, Ohio, collided head-on, according to the Kansas Highway Patrol crash log. The wreck occurred just west of S.W. Wanamaker Road. Following the wreck, I-70 was shut down for several hours.
Osorino, who was injured, was treated at Stormont Vail. The drivers and Clark were wearing seat belts.
Osorino was sentenced on Friday by District Court Judge Mark Braun. The judge sentenced Osorino to a total of 195 months or 16 years and three months. Osorino was sentenced to one year in jail in the DUI conviction, but that sentence will run concurrently with the manslaughter convictions.
Osorino’s DUI conviction was his second drunk driving case, the first being on Aug. 27, 2015. For purposes of sentencing, the 2015 DUI was counted as a felony in the 2016 case.
That DUI together with a prior conviction of felony fleeing and eluding gave Osorino a criminal history of B, the second highest sentencing level on the Kansas sentencing grid, according to Kansas statute.
The judge also ordered Osorino to pay restitution totalling $23,788 as well as court costs and fees totalling $1,193, court records said.
Before the sentencing, defense attorney Chris Woolery filed a motion seeking a downward departure on Osorino’s sentences, saying Osorino was sending money to his family in Mexico which he earned working for a flooring company.
When Osorino’s home was burglarized and his van and tools were stolen, he became depressed and “made the serious mistake of turning to drink,” Woolery wrote in the motion. Osorino was on a waiting list to enter an alcohol abuse center when the wreck occurred in 2016.
Osorino grieves for his victims and their families and dedicated his life to sobriety, Woolery said, adding that a shorter sentence would allow him to return to work, pay restitution and continue to support his family.
The judge denied the Osorino motion for a sentence departure.
Clark, the mother of two boys, had enlisted in the U.S. Army in March 2014 and was stationed at Fort Riley, fort officials said. Pfc. Clark was a chemical, biological, radiological and nuclear specialist and was assigned to Headquarters and Headquarters Company, 1st Infantry Division Sustainment Brigade at Fort Riley. Clark hadn’t been deployed overseas.
Jackson, a veteran of the Iraq War from 2007 to 2008, was a sergeant in the 643rd Regional Support Group of the U.S. Army Reserve and was serving a mobilization at Fort Riley at the time of the wreck.
Jackson was a member of the Ohio National Guard from 2006 to 2013 when he was sworn into the reserves.
Jackson had three children and his wife was expecting a fourth child at the time of the wreck.
Steve Fry at (785) 295-1206 or @TCJCourtsNCrime on Twitter.
Homicides in Topeka and Shawnee County since 2000
Source : http://cjonline.com/news/local/crime-courts/2017-05-24/topeka-driver-sentenced-16-plus-years-double-fatality-wreck-dui