August 08, 2008 11:10 am
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A 23-year-old Elkhart man, who admitted he drove drunk and crashed his car which resulted in death of his best friend, received a nine-year prison sentence when he appeared in a Goshen court Thursday.
Glen T. Frost, 23, Elkhart, was driving a vehicle more than 80 miles an hour when it went off a road and crashed Aug. 27, 2007. The crash caused injuries that claimed the life of his best friend, Juan Lopez.
After an emotional two-hour hearing Thursday morning in Elkhart County Circuit Court, Judge Terry Shewmaker imposed a seven-year term for the conviction of causing a death while driving intoxicated and a two-year sentence for possession of marijuana.
He ordered the young man to serve six years and three years will be suspended. But the judge added that he would review a request for a sentence modification in one year, if one is submitted.
Shewmaker imposed a $5,000 fine in the first case and a $3,000 fine in the second, but suspended the fines. He ordered restitution be computed through the Victim Oriented Restitution Program. And he ordered the man’s license suspended for two years.
Defense attorney Michael Christopheno called as witnesses Frost’s grandmother, brother, his counselor at Life Treatment Center, the victim’s fiancee and his employer in the hearing.
Witnesses testified that Frost and Lopez were like brothers and did everything together. Lopez helped Frost get his job at Bear’s Body Shop, Wakarusa, where “he is the number one guy,” said owner Michelle Marks.
Counselor Danielle Creach said Frost “has put himself in his own prison” after the event, often saying he should have been the one killed in the crash.
“He needs a supportive environment for recovery,” she said, admitting he has an addiction to marijuana.
Maria Lopez, the mother of the victim, took the witness stand and through an interpreter told of the pain of losing a son whom she loved very much. She pointed out that the defendant’s family still has their son, but hers is no longer with her.
“My life has changed. The family is no longer the same. I miss my son very much,” Lopez told Judge Shewmaker.
Christofeno declared “this is a tragedy for both families. The price he paid is a great one. It took his best friend’s life.”
He pointed out the message is “don’t drink and drive.”
Christofeno said his client is so guilt-ridden “that he thinks he doesn’t deserve anything good or any happiness. He has no closure, because there is nothing he can do to bring Juan back.”
The defense attorney asked for a sentence of four years on the Class C felony to be served on home detention.
Deputy Prosecuting attorney Kristine Florea said that while the defense called this incident “an accident, it was not an accident. It was a crash. It could have been prevented.”
She pointed out that the defendant admitted using marijuana since he was 13 years old and most recently daily drug use. She pointed to his speeding when driving and three charges as an adult of possessing the drug.
She asked for an eight-year prison sentence for the Class C felony and three years for the drug possession conviction, pointing out that the two terms must be served consecutively, rather than concurrently.
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