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Sections Home Page Local News AP News AP Entertainment Archives Business Classifieds Event Calendar Forums Life Opinion Obituaries Photo Gallery Readers Photo Gallery Sports Tempo Weather Special Coverage 2006 Britt Festivals --> Shop Our Valley AutoFinder HomeFinder JobFinder Search Our Valley Special Sections Distinctly Northwest Readers' Choice Homelife Magazine Joy Magazine Holiday Guide Oregon Golf Info Oregon Wine Info Other Publications Local Links Ashland News eSouthernOregon Newspapers In Education Personals Moving Here Movie Listings TV Listings Volunteer Customer Service Advertise With Us Media Kit Place Classified Ad Contact Us FAQ's Home Delivery Site Map --> Email Story to a Friend October 1, 2005 Driver will be jailed despite maimed sister’s plea By SARAH LEMON Mail Tribune Her brother’s decision to drink and drive the night of his 21st birthday cost Damian Merlina her right arm, but she pleaded Friday to keep him out of prison. "The last thing I want to do is be the catalyst in a long jail sentence," the 28-year-old said in Jackson County Circuit Court. "My brother is punished every day by having to look at me." Police investigators found Merlina’s severed right arm outside her brother’s wrecked Honda Accord the morning of Dec. 21, 2003. Aaron Daniel Adrian Merlina, 22, of Ashland, crashed the car into bushes along North Mountain Avenue at about 2 a.m. Minutes earlier, he had sped away from police — driving more than 60 mph — after officers received a report that an Accord had sideswiped a parked car several blocks away. Both siblings had been out drinking before the crash. Police reports indicated that the siblings heads struck the windshield, suggesting they likely weren’t wearing seat belts. Merlina was treated for his injuries in Medford. Damian Merlina was airlifted to Portland and hospitalized at Oregon Health & Science University. Advertisement Surgeons could not reattach her arm, and exactly how it was severed has never been explained, said Allan Smith, deputy district attorney for Jackson County. The California resident appeared Friday at her brother’s sentencing hearing in a strapless white dress, baring the amputation of her right arm above the elbow. Because her injury was permanent, Smith recommended a longer sentence than typical on charges of third-degree assault and driving under the influence of intoxicants. Aaron Merlina pleaded guilty to the crimes in June, agreeing to serve a year and eight months in prison. With good behavior, Merlina could serve just a year and four months without entering any other prison programs that would further shorten his sentence, Smith said. Sobbing broke out as Circuit Court Judge Bill Purdy announced he would follow attorneys’ negotiations. "The law is the law, and an agreement was made," Purdy said. The judge pointed out that Merlina initially faced the more serious crime of second-degree assault, which requires a mandatory prison sentence of five years and 10 months. That charge was dismissed in exchange for Merlina’s plea. After Purdy declined to hear statements from myriad friends and family members assembled Friday to support Merlina, some onlookers muttered that the sentence was a travesty. Purdy ignored hands raised and declared court in recess upon announcing Merlina’s sentence, a three-year term of post prison supervision and a five-year driver’s license suspension. Merlina was never arrested and has spent not time in jail yet. He’s scheduled to begin serving his sentence on Monday. Reac h reporter Sarah Lemon at 776-4487, or e-mail Driver will be jailed despite maimed sister�s plea ">[email protected] . Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback online casinos news Home Security Systems Online Casino Reviews Men's Clothing Fundraisers UK Homeowner Loans Discount Hotel Reservations Send Flowers Casinos Canada Texas Electric Choice Compare Electric rates in Texas Windermere Van Vleet Trunks, Footlocker Online poker at AbsolutePoker.com Advertisement s