The handling of the criminal case for the drunk driver who hit me is one of my life’s biggest head-scratchers.  My mindset and the overall landscape of the car wreck was much different on that day than it is today.  I did not want the driver’s mistake to penalize him for the rest of his life.  I still feel the same.  I was not aware that my injuries were permanent on that day, six months after the wreck.  I was holding on to a dream that I was weeks away from full recovery.  Not so much.  I learned that day that the driver’s sentencing has very little to do with what happened to me.  In my mind, the impact to me was greater than the fact that this defendant was nearly 4 times the legal limit when he struck me.  I found out that day that my situation was a minimal.  He broke a traffic law and we were in traffic court for his first DUI offense.  I would realize before leaving that my injuries where not a consideration in the grand scheme if things.  

I arrived at court for a general court docket.  I was told prior to the court date that a prosecutor would be there to meet with me before the docket would begin.  No prosecutor present.  The docket begins as I sit in the back.  Defendants and their attorneys were called to the stand while those remaining talked amongth themselves.  I couldn’t find the promised prosecutor, so I begin to I worry that I am not in the right place.  I pull out my phone to verify, but the bailiff quickly walks by to tell me that it needs to be put away or he’s going to kick me out.  I leave the courtroom, but return quickly when finding out I was at the right place.  

In the midst of my confusion, the defendants name is called which results in him approaching the bench with his attorney.  I am confused to why things are happening so fast and why there wasn’t a prosecutor, DA or someone representing “the people” there.  I hear the defendants attorney, Phillip White, state that this was supposed to be a diversion case but someone in the wreck came up with “one of these” as he mocked my injuries while pointing at his neck.  His attorney labeled me at that moment as someone taking advantage of the system, not the victim of his drunk driving client.

The sentencing is ready to be delivered from Judge Ted Griffith.  He asks out loud if there is a prosecurtor present and I hear chatter about the prosecutor not being able to make it and a victim who was scheduled to be there, but apparently was a no show.  I then call attention to the bailiff and explain that I am the “no show” victim.   The judge tells the defendant that he is going to serve 6 months probation and pay a $750 fee.  Mr. White smiles while clinching his fist and pulling his elbow back as if his favorite team just won the Superbowl.  He showed excitement as he made eye contact with his client.  They won.  They were happy.  They celebrate as I am called to the bench.  

Judge Griffith states to me (as I paraphrase), “I didn’t have a chance to read your whole victim statement, I skimmed over it, but I see you run marathons and this has impacted your workouts”.  He asks if I have anything to add.  I explain that I am still in pain and working towards recovery but anything that I would have to add is included on the victim’s statement.  

What?   He just gave a sentence and admitted that he did not look at all the evidence?  Head scratcher.  He’s an appointed official, not elected judge.  

The judge explains the terms of the sentencing and asks if I have I have questions or concerns. It happened too fast. I also think I am close to recovery and not permanently injured in that moment. I responded with some lame statement about trusting the court and their decision. The fact is, I didn’t want the defendant to get nailed bad, but I did want my situation to be a consideration to the process. I’ve even prayed for God to help me find forgiveness for this person who hit me. I even had a pipe dream of receiving an apology. There would be no apology from the defendant or his counsel. The prosecutor would never show up or acknowledge my situation and the judge blew me off at that point without an ounce of empathy. To top things off, my name is not even listed on the official court document for the defendant’s sentencing. The court ommited it, as seen on the attached picture.

And we wonder why people drive drunk….during a time that Uber/Lyft can get you home quicker and half the cost of a cab.  

Seriously?  $750 and 6 months probation?  There was emphasis on the defendant not having a prior DUI conviction but no chatter whatsoever about the fact that he blew a .3% in a state where .08% is the legal limit.

I’ve had a hard time swallowing this and it gets to me every day. I re-lived the sentencing in my head the same day that I received the permanent injury prognosis. I hope that writing it out will help me move on as some of my other posts have helped.

I was angered, saddened and disappointed that day. I would have been fine if my situation was considered but the sentencing was exactly the same. How do you ignore it? My anger increased exponentially when learning my injuries were permanent. I have a lifetime of injuries and over $50k in expenses. The other guy completed his probation in January 2019 and only paid $750 plus some additional court fees. Despite my pain and expenses, his life is back to being the same….

Many nights I wondered, is this the “hot shot” lawyer in town that is able to get everyone a minimal sentence?  Was it possible that Judge Griffith was maybe just having an off day?  I’d also wonder if the sentencing was light because the defendant is the golf pro at one of the local country clubs.  I played golf for many years, and know very well that alcohol consumption is a big part of that culture.  I’ve often wondered if the country club pulled some strings for the lighter sentence since the defendant struck me 3 blocks from the club while wearing a logo’d shirt at 7:30pm.  Its not a good look for them and I’m sure its very possible that he was drinking at the country club the evening of the accident.  I’ll never know the answers to these questions that keep me up at night and I’m not implying that my questions are factual.

I’m not going to let this bug me anymore.  I wrote this to explain the lack of justice in the Wichita, KS court by the prosecutor Kelsey Floyd and Judge Ted Griffith.  I wrote this to let it all out and move on and to bring awareness to how light of a sentencing one can receive for blowing .3% and permanently injuring someone.  

Instead of dwelling on what happened and how my city’s court let me down, I’m focused on recovery.  Many people screwed up that day.  They don’t own me.  I’ll be up at 4:30-5:00am each day, rehabbing and working while using this situation as motivation to push me harder.  When I’m tired and need one more mile, their attitude that day will fuel me.  I’ll think of the defendant’s lawyer or the judge when I need to push myself through 5 more minutes of an intense workout.  I’ll grow from this while never accepting it. 

Does anyone think a $750 fine will curb this problem?

Confused Beast