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Updated: 6:06 PM Mar 12, 2010
Boater Sentenced For Passenger's Death
Victim's wife addressed the court. An Omaha man has been sentenced to jail time for causing the death of 54-year-old Ed Mahoney. It happened during a boat ride in September 2009.
Posted: 11:23 AM Mar 12, 2010Reporter: Brian Mastre Email Address: sixonline@wowt.com |
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An Omaha man has been sentenced to jail time for causing the death of 54-year-old Ed Mahoney. It happened during a boat ride in September 2009.
In a packed Douglas County Courtroom, District Judge Marlon Polk sentenced Ken Graeber to 180 days in jail and three years probation. With credit for good behavior, Graeber could be released in 90 days.
Fighting back tears and surrounded by her four daughters, Kim Mahoney read a statement to the court. "We don't seek vengeance but he's solely responsible for the accident. He didn't know my husband but we have to live with the pain and suffering...There hasn't been a minute we haven't thought about Ed and the irresponsible act that took his life."
Reporter: "Do you think she got justice?"
Mahoney family attorney Matt Miller: "I think that's for every individual to decide. I have my own feelings on it. I'm going to leave it at that."
The 48-year-old pleaded guilty to manslaughter in January. He admits being drunk when he offered several people a ride in his boat. Graeber slammed into a seawall at Newport Landing near Bennington, killing Ed Mahoney.
"Ed Mahoney was a tremendous family man," said Douglas County Attorney Don Kleine, "a great person and the loss the family suffered here - they can never recover from."
Before the sentence was given, Graeber stood up from the defense table and turned towards the jury box where the Mahoney family was seated. "There aren't words to express my deep and sincere apology. I take responsibility for the accident. I hope you take that as sincere."
Probation officers had recommended 90-days in jail. Judge Polk gave Graeber 180-days. "I'm mindful of the fact that the system is set up -- this isn't set up to take revenge. Nebraska law requires me to come up with a sentence that is appropriate for you and at the same time take into account what happened in September."
In addition to the jail time and three years probation, Graeber's sentence includes 40-hours of community service every year for three years. He must attend Alcoholics Anonymous every week for the first year, refrain from possessing or using alcohol, take part in three Victim Impact Panel meetings and write a letter of apology to the Mahoney family.







