Drunken driver sentenced for manslaughter

Mail Tribune (Medford, OR — Wayback)

2001-10-14

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Drunken driver sentenced for manslaughter By MARK FREEMAN A habitual drunken driver will serve 14 years in prison for killing a Talent woman and injuring four teenagers near Medford in an August 2000 head-on van crash fueled by the man's beer-drinking binge. But John Gertsch, 42, first had to look Friday into the eyes of Jane Talos' 16-year-old daughter and hear how his reckless mix of beer and driving robbed her of peace and innocence, as well as a friend and mother. "Look at me, please look at me. You killed my mother," implored Hannah Talos, who also was hurt in the crash. "I don't hate you," she told Gertsch, who complied with her wish. "I just wish you could see the hideous mess you've caused." Jackson County Circuit Court Judge Raymond White sentenced Gertsch, who has four previous convictions for driving under the influence of intoxicants, to more than twice the normal prison time for his manslaughter, assault and felony drunken driving convictions stemming from the crash 14 months ago on Hanley Road. But the sentence was three years shorter than the 17 years recommended by state corrections officials and sought by prosecutors as a way to ensure that Gertsch steers clear of drinking and driving for as long as possible. Still, the sentence satisfied 18-year-old victim Timothy Borders, who nearly died in the wreck yet does not want to see Gertsch rot behind bars. "I want him in there long enough to know what he did was wrong, but not so long that he doesn't have a life," Borders said. Gertsch, who pleaded for mercy and forgiveness Friday in the Jackson County courtroom, said his "heart hurts" every time he thinks of the suffering he caused by one drunken act. "Please believe I will do whatever it takes not to make this mistake again," Gertsch said. Jane Talos was a 43-year-old day-care provider and church leader who was driving a van full of teens home from swimming at Applegate Lake on Aug. 29, 2000. They violently crossed paths on Hanley Road with Gertsch, a longtime drug and alcohol abuser who was driving his van while swigging a 40-ounce bottle of beer. The two vans collided head-on, killing Jane Talos and severely injuring four of the five teens in Talos' van. Gertsch, who also was injured, had a blood-alcohol level of .20 percent - which is 21/2 times the legal limit. Gertsch faced charges of first-degree manslaughter as well as felony driving under the influence of intoxicants, felony third-degree assault and three counts of fourth-degree assault. In a June 26 non-jury trial, White convicted Gertsch on the DUII and assault charges. White reduced the main charge to second-degree manslaughter because prosecutors failed to show that Gertsch met the legal threshold of displaying "extreme indifference" to the value of human life as required by law. But White on Friday departed from the normal sentencing regimen, which would have made the various sentences concurrent and imprisoned Gertsch for slightly more than six years. Citing the unusual circumstances and numbers of victims, White bumped up the felony assault and drunken driving sentences and ordered them served consecutively with the manslaughter sentence - increasing the overall prison time to 171 months. "There's too much at risk to take a chance of him drinking and driving again," White said. White could have added three more years of county jail time to be served after his prison sentence, but the judge instead opted for a beefed-up probation during the three years after his release. Outside the courtroom, Hannah Talos said she was satisfied with the sentence. "I think it'll do, and I think he did see today what kind of effect he's had on us," she said. "I hope he uses the chance he got." Reach reporter Mark Freeman at 776-4470, or e-mail [email protected]     Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.