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Man guilty of killing with car He could serve 12 years, even after judge reduces charges By J.T. BUSHNELL Tears trickled down Hanna Talos' face and dripped from her chin when the man responsible for her mother's death was found guilty of reduced charges Tuesday. "I'm crushed," said Hanna, 16, after the trial, her eyes still red. "It's a huge insult. It's making light of a killing." Judge Raymond White convicted John Gertsch of second-degree manslaughter for the death of Jane A. Talos, who died in August when Gertsch's van collided with a van Talos was driving. Gertsch also was convicted of third-degree assault and three counts of fourth-degree assault for injuries to four passengers of Talos' van, including Hanna. He was also convicted of felony driving under the influence of intoxicants, his fourth DUII in the last 10 years. Gertsch waived his right to a trial by jury and agreed to be tried by Judge White. The trial lasted less than four hours. Second-degree manslaughter carries a mandatory sentence of more than six years, but Gertsch could face double that time in prison if he is required to serve maximum and consecutive sentences for the other convictions. He will be sentenced within the next four to six weeks; no date has been set. Like Hanna, prosecutor Holly Smith believes Gertsch deserves more prison time. Smith said she will try to increase the sentences. "This man's a menace and deserves more than the standard," Smith said after the trial. "My personal feeling is that he should never be out on the street again." Gertsch was originally indicted for first-degree manslaughter, two counts of second degree assault, two counts of third-degree assault, and felony driving under the influence. Defense attorney Gary Berlant conceded Gertsch's guilt but argued that the state had not proven that Gertsch displayed "extreme indifference" for the value of human life. Without that legal standard, he argued, the charges must be reduced. White ultimately agreed. He cited examples of extreme indifference for the value of human life as shooting into an occupied building or driving a car into a crowd. The collision occurred at a moderate S-curve on rural Hanley Road between Central Point and Jacksonville about 5 p.m. Aug. 29. Gertsch had been driving erratically and swerving in a full-size van for about 10 miles, according to five separate witnesses. Many said they saw him drinking from a bottle wrapped in a paper sack. Kathleen Mohla witnessed the crash. She said Gertsch's van veered to the right, hit the guardrail and bounced into the lane for oncoming traffic, where he smashed head-on with Talos' minivan. Gertsch's blood-alcohol level was 0.20 percent when measured two hours later. That's more than twice the legal limit. A deputy said he found an empty 40-ounce bottle of beer in the van. Talos was pronounced dead at the scene. She was 43. Hanna suffered severe head trauma and was in a coma for two days. Timothy Borders, 18, was nearly cut in half by his seat belt, according to Joseph Pariera, a firefighter who was responsible for removing victims. Borders lost a third of his colon and small intestine and broke his back. Jacob Nelson received 30 stitches for a laceration. Stephanie Marks, an exchange student from Belgium, broke her arm and wrist. Gertsch suffered injuries to the head, leg and wrist. Talos and her passengers were returning from an outing to Applegate Lake after church. Smith, the prosecutor, said Gertsch clearly deserved the original manslaughter charge. "What it boils down to is that this man doesn't care," she said in her closing argument. "He doesn't care who he hits, he doesn't care who he kills, and it could have been any one of us." Hanna agreed. "Any 5-year-old knows that if you drink and drive, someone might get killed," she said. Carol Miller, a chaplain at Rogue Valley Medical Center and the only witness called by the defense, said Gertsch expressed remorse while hospitalized after the accident. "He talked about feeling numb, about the need for forgiveness," she said in her testimony. "He wanted to know how he might make amends." Hanna said Gertsch has made no attempt to contact her. Hanna said she does not blame Gertsch but is upset with the justice system that minimized his punishment. "I don't feel bitter toward him; he just made a freaking stupid mistake," she said, quickly taking back the word "mistake" and pointing out that he purposefully drove while drinking. Borders, who was unable to graduate from high school because of his injury, said he has forgiven Gertsch but thought the verdict was unfair. "I feel sorry for him, of all things," he said. "I don't feel any anger toward him." Audrey Borders, Timothy's mother, said the verdict didn't match the pain Gertsch inflicted. "It doesn't validate our pain; Hanna's mom is gone forever, my son will be on medication the rest of his life," she said while Timothy and Hanna nodded. "This was life-changing, and it feels like nobody cares what we've gone through." Gertsch's former roommate attended the trial but did not wish to disclose his name. "It's a shame how alcohol can change a person," he said. "Makes a wise person into a fool." Defense attorney Burlant was unavailable for comment after the trial. Reach reporter J.T. Bushnell at 776-4487. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.