Repeat DUI Offender Had A Blood-Alcohol Content of .292, Has 'Months' to Live Due to Lymphoma
Boulder prosecutors formally charged a Longmont man accused of causing a wreck that killed an unborn baby, in addition to injuring 4 others, with four felonies and three misdemeanors Tuesday.
Gary Sheats was cited for two counts of felony vehicular assault, two counts of leaving the scene of an accident, and lesser charges of driving under the influence. Records indicate that Sheats has 5 prior arrests relating to impaired driving.
Boulder district attorney Stan Garnett explained that because Colorado treats fetuses as a part of the mother until birth, prosecutors were unable to charge Sheats with vehicular homicide in relation to the death of the unborn child. Garnett vowed to lobby state legislature for new penalties that would make it a felony to get behind the wheel drunk after having two prior DUI convictions.
"The District Attorney has to be the voice of common sense, especially in public safety," Garnett said. Making multiple DUI convictions a felony punishable by jail time has been a contentious issue that the state has shied away from due to the costs of managing potential DUI felons while incarcerated. However, Colorado seems to be one of a handful of states that feels the monetary burden of such a law outweighs the public safety and common sense aspects of passing harsh legislation regarding repeat DUI convicts.
"We're one of five states that does not have a multiple DUI felony law," reflected Garnett. "I think we have to be very thoughtful about who we put in prison, and one of the reasons to put a person in prison is because it is not safe to have them out and about," he added.
"The District Attorney has to be the voice of common sense, especially in public safety," Garnett said. Making multiple DUI convictions a felony punishable by jail time has been a contentious issue that the state has shied away from due to the costs of managing potential DUI felons while incarcerated. However, Colorado seems to be one of a handful of states that feels the monetary burden of such a law outweighs the public safety and common sense aspects of passing harsh legislation regarding repeat DUI convicts.
"We're one of five states that does not have a multiple DUI felony law," reflected Garnett. "I think we have to be very thoughtful about who we put in prison, and one of the reasons to put a person in prison is because it is not safe to have them out and about," he added.
In a bizarre turn of events, Gary Sheats' father Billy said in an email to the Longmont Times-Call that his son has been diagnosed with a terminal case of lymphoma. The elder Sheats said that his son Gary had spoken with a doctor several months ago, and that the doctor had recommended that Gary Sheats "plan his life in months instead of years."
The victims, Heather Surovik and her mother, Terry Koester, as well as her 5 year old son, suffered varying degrees of injuries. Some reports have claimed that Surovik might have been killed had she not been pregnant.
A pastor at the church attended by Surovik and her family, Don Veazey, acted as a spokesperson for the family. "The family does not hate this man. They are being gracious with that, but they do want to see justice ... There is nothing that anybody could ever do to replace what this family has lost," said Veazey. He added that the family has been "frustrated" with the charges that have been filed, specifically because nothing has been charged regarding the baby.
Sheats remains incarcerated in the Boulder County Jail on a $100,000 dollar bond.
If you are injured by a potential drunk driver, or injured in any car accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!
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