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Updated: 9:03 PM Feb 6, 2008
Sentence Deemed Too Lenient For DUI Offender
Court of Appeals orders man to be re-sentenced Many thought 10 days in jail just was not enough for a repeat DUI offender, sentenced last year for crashing into a man and leaving him permanently injured. Wednesday, the Nebraska Court of Appeals agreed.
Posted: 6:03 PM Feb 6, 2008Email Address: sixonline@wowt.com |
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Many thought 10 days in jail just was not enough for a repeat DUI offender, sentenced last year for crashing into a man and leaving him permanently injured. Wednesday, the Nebraska Court of Appeals agreed.
The sentence against Gregory Hatt was handed down by Judge Marlon Polk early last February. In addition to the 10 days in jail, Hatt also received two years probation and the loss of his driver's license for 15 years.
But the Court of Appeals says another judge now needs to re-sentence Hatt to a tougher punishment.
Hatt hit Michael Versch while driving drunk. For that, Hatt received 10 days in jail.
Advocate Bob Schmill of Matt’s Law says sentences like that send the wrong message. He knows firsthand what drunk drivers can do. "Our son Matt was killed on his birthday in April of 2004."
In memory of Matt, Schmill has worked to make DUI laws tougher and is even working on something to keep judges from going easy on the guilty.
“We're also looking at, with MADD, putting together here in Douglas County a court monitoring program." Schmill hopes that sends judges a message. "Hey, we're going to hold you more accountable, we're going to see what you do."
Others have taken notice of lenient judges. Omaha City Prosecutor Marty Conboy says now there are new sentencing guidelines in place to prevent sentences that go too easy on drunken drivers.
"Most levels have a minimum that the judge has to impose and I guess the reason behind that is the complaining that sometimes the judges weren’t giving enough minimum sentence, so the statutes now have literally 20 different levels, but each one has some minimum requirements."
Under the new guidelines, Hatt would have received a minimum of six months jail time.
Channel 6 News tried to talk to Judge Polk last year after the sentence and again Wednesday about the court's decision. Both times, Judge Polk would not speak with us.







