Eligible For Parole After One-Year On 10th DWI
Eligible For Parole After One-Year On 10th DWI Save Email Print
Posted: 9:27 PM Jan 6, 2009
Last Updated: 12:01 PM Jan 7, 2009
Reporter: Justin Joseph
Email Address: sixonline@wowt.com

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It's been six-years since Dale Beller was woken-up by a late night phone call from his brother.

Dale Beller says, "You don't usually like to get those phone calls late at night. Usually when someone calls late at night it's obviously not something good happening. He had to break the news to me that my parents were killed."

Beller recalls that night in vivid detail. A man drove the wrong way, drunk, down a highway in New Mexico. He collided head-on into a car carrying Beller's parents and their friends. The crash killed all of them.

That's why people like Dale Beller are shocked that even though last December Russell McCormick was sentenced to 30-60 months for his tenth D.U.I. conviction, he will be eligible for parole in two weeks.

Dale Beller says more must be done. "I think our judges, our court system, whomever is making the judgments on these laws needs to be harsher on these guys," says Beller.

The problem isn't going anywhere. Over the past month, in its "you drink, you drive, you lose, campaign" law enforcement agencies made many drunk-driving arrests.

The Nebraska State Patrol nabbed 193 drunk drivers.
The City of Omaha made 112 arrests.
The Sarpy County Sheriff arrested 24 drunk drivers.
La Vista arrested 9 people under the influence.

To be eligible for parole, McCormick has specific treatment issues he must address by the parole hearing on January 20. That will be just one factor the board reviews. When he was convicted the judge also suspended McCormick's license for 15-years.

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Posted by: Anon on Jan 8, 2009 at 03:48 PM
I think alot of you people are full of hot air. Even the people who claim horror at the thought of someone drinking and driving have probably done so themselves at some point or another. make no mistake...1 drink and a car = drinking and driving. If you are all so consersavite and never drink and drive that is great, but I would love to know who all the cars belong to that are at the bars every evening and on the weekends. By the by, I don't drink, and haven't for a numer of years, but when i did drink, I did drive and got caught. I learned my lesson.

Posted by: sam on Jan 8, 2009 at 12:04 PM
According to the Nebraska Constitution VII-5; all monies collected for fines will go to the school district in which the fines were accrued. None of the fines go into the cops pockets, state pockets, etc. DUI is driving under the influence of alcohol or drugs. Yes you can get a DUI for drugs.

Posted by: Henry on Jan 8, 2009 at 11:55 AM
Everyone was all up in arms about banning smoking! What about alcohol? I'm more worried about this because you don't have to drink a drop for it to kill you in this town.

Posted by: Anonymous on Jan 8, 2009 at 10:14 AM
There are far more facts about this case that no one has taken the time to delve into. Russell did NOT kill the 4 individuals (nor anyone). He has been serving jail time since the DUI in April 2007. (Sentencing occurred after) He has served 21 months of his 30-60 month sentence. He SHOULD be eligible for parole at this time. Possibly the root problem is Russell's two medical conditions mixed with alcohol (facts of the case). Either way - any loss of life due to drunken driving is senseless. Russell has served his time for HIS crimes and should be given the chance to make his life better.

Posted by: Paul on Jan 8, 2009 at 08:39 AM
This is horrible. The punishment should discourage people from driving drunk, his sentence obviously is not harsh enough for the 10th one!! What is he going to get when he kills someone? This is ridiculous . . .

Posted by: Todd on Jan 8, 2009 at 08:29 AM
An excellent example of the excellent Nebraska Justice System. What a joke. No wonder crime is way up, nobody gets into serious trouble for their actions!

Posted by: Just an FYI on Jan 8, 2009 at 07:53 AM
By the time all fees and court costs are added in, that $400 fine is almost $1000. And yes, the money goes to help the government, but it will kill private sector sales. All you are doing is putting their money in a different pocket.

Posted by: Don I. on Jan 7, 2009 at 08:37 PM
He should get a year without parole for every DUI. Since that is unfortunately not an option, then no parole! And I agree that the fines for DUI should be increased to at least $1000.00

Posted by: Anonymous on Jan 7, 2009 at 07:14 PM
Anyone caught drunk driving ten times needs to take the 12 steps of AA! YES, THIS MAN HAS A PROBLEM......

Posted by: Mike on Jan 7, 2009 at 05:18 PM
The reason I think the government is wanting dui's to stay is because now there is technology that can be put on car..and yes even new cars that won't let you start it. This should be manadated by the Fed's and states, and not to have a car with such device should be a felony.Which would even include cars of non drinker. but seriously does anyone read the stories on here, Ive read a few on here that think this guy killed people..Read the whole story. he didn't kill anyone, but with 10 dui's he's damn lucky he hasn't

Posted by: Rick on Jan 7, 2009 at 05:16 PM
So out of these 338 people who were caught if they are all fined $500 average then the state gets near $169,000 revenue. That is not too bad. That actually helps our state. I think the state should raise the fine to $1000. That way the state would get around $338,000. I'm telling you there are some revenue opportunities here.

Posted by: person interesterd on Jan 7, 2009 at 04:45 PM
PLEASE UNDERSTAND as JaniMarie clearly tried to state. Russell McCormick did not kill Dale Bellers parents. They are two seperate crimes. Dale Bellers simply is trying to fight people with multiple DUI's from getting an early release based on what happened to his parents, may they RIP!

Posted by: OK ENOUGH!! on Jan 7, 2009 at 04:31 PM
People PLEEEEAAAASE READ THE ARTICLE! The man who is up for parole is NOT the man who killed the 4 people in the car that the article references!!Dale Beller was just basically asked for his valued input for the story! For this man to have 10 DUIs is still ridiculous, but please read the story and get your facts right...This guy who is up for parole, didn't kill anyone...not yet anyway. He will most likely get out to get another chance though!

Posted by: SAD on Jan 7, 2009 at 03:35 PM
He killed everyone in that car by getting behind the wheel after drinking way too much. This man should never be out again to do it again. I'm sorry, but he obviously didn't learn his lesson the other 9 times. He should have been tried for DUI, and vehicular homicide. Driving drunk is absolutely the dumbest thing you can do. My cousin was killed on his brother's wedding day because of a drunk. It was also his brothers birthday and my cousin died on his 36th birthday. I think they made a mistake in letting him out this time. I think he should have gone directly to one of the regional centers.

Posted by: Uh yea on Jan 7, 2009 at 03:01 PM
I happen to know that a 4th offense DUI brings loss of license for 15 years. So that being said, wouldn't you think that his license was ALREADY suspended when he got caught for his 5th and up? What good does it do to suspend it again when history already proves it doesn't work!? And of course he will schmooz the parole board over with flying colors. People with addictions have this GREAT way of manipulating others and talking their way out of situations. Believe me, I have known many an addict. This guy will be out before you can blink an eye.

Posted by: JR on Jan 7, 2009 at 02:57 PM
To Dale Beller: I think of you and your brothers so often. My mother and your grandmother were sisters. Your grandmother was my godmother. I remember how hard my mom took the news of your parent's deaths. I don't think the reality ever really sinks in for anyone. There are tragedies like this taking place way too often. Innocent people should never have to suffer for their entire lives because some one chose to drink and drive? I wish I knew the answers to deal with this very serious problem. I do know the repercussions are not strong enough. Why not automatic life in prison with no chance of parole if you kill someone? These people are potential killers. Behind the wheel their vehicles are weapons. Maybe the lenient judges should have some accountability if someone is killed. We all have the potential of being in the same position the Beller family is in. Maybe enough of us are not putting sufficient pressure on lawmakers, judges to finally deal with this issue.

Posted by: Anonymous on Jan 7, 2009 at 02:16 PM
Well, how else is he going to get his 11th DUI? And his 12th, and 13th, and 14th...

Posted by: PJ on Jan 7, 2009 at 01:48 PM
Suspended license means nothing to these people. That sentence is ridiculous for a tenth dui. Let's make this sentence what first time offenders get and I bet we won't have near as many repeat offenders.

Posted by: Kellie on Jan 7, 2009 at 01:26 PM
I think it would be interesting that when people like this are let out on parole early and the repeat offend again within 5 years, the people on the parole board should go back to jail with the offender. Maybe they would stop handing out parole grants like candy! Our judicial system should be held just as accountable for mistakes as the people who commit them! The "system" is supposed to help keep us safe! Why can't we help to rehabilitate some of these repeat offenders? True not everyone can be rehabilitated but wouldn't it be worth it if we could help even just a few? Instead of stuffing them in a cell and shooing them out, give them something productive to work on...like RECOVERY!

Posted by: Anonymous on Jan 7, 2009 at 01:22 PM
people we need to vote these judges out of office. the police can do everything to stop and arrest drunks, but it's out of their hands once the judge gets them. what is wrong with these judges??

Posted by: Anonymous on Jan 7, 2009 at 01:21 PM
better get an ignition interlock this time!

Posted by: Frank Hardy Lvr on Jan 7, 2009 at 01:11 PM
I agree with everyone here. The courts need to open their eyes to what's going on. If they don't, there will be a lot more deaths cause by drunk drivers. The so-called first offense is one thing, but 10 times! Come on people there's something to be said about that. Obivously if he's done this 10 times, he's not going to stop. The police are doing their jobs by arresting them but the courts seem like they don't care. It's like they just pat them on the back and say, "Hey good going." That's not right. I, for one even though am only 19, know a lot about the law & what should be done about this. They shouldn't get a slap on the wrist & let go. They should be in jail for a long time no matter what the courts say. I have my own car & I have night classes three nights a week & everytime it makes me wonder if I'm going to come across some drunk driver that's going 2 hit me & possibly take me life. To make it worse, there's a bar right across the street from my school so that adds to the fear.

Posted by: Anonymous on Jan 7, 2009 at 01:11 PM
Does anyone really think that this guy won't drive even with a suspened license. I know people who have done it and have never been caught. I bet will continue to drink also and probably injure or kill someone. I think he needs several years of house arrest.

Posted by: Re:rg on Jan 7, 2009 at 01:06 PM
Wrong. 1'st is $400-500 fine, 7-60 days in jail, 6 month license suspension. Many are given probation instead, changing it to $400-500 fine, 9-12 months probation, 60 day license suspension. As for the impoundment- as soon as you are out of detox you can get your vehicle. It's not held for any length and there are no fees other than the towing.

Posted by: young man on Jan 7, 2009 at 01:02 PM
I have a question. How many marijuana related deaths has there been in the past year compared to how many alcohol related deaths? And which of the two is illegal?

Posted by: FYI Everyone on Jan 7, 2009 at 01:00 PM
This guy the story is about is not the one that killed the four people (which were my aunt and uncle) My cousin was stating that he remembered the awful call he recvd when he found out this same situation happened to our family. I remember when my dad called me to tell me, it was horrible. Anyways, he wasn't punished hard enough either (if you ask me, especially after killing four INNOCENT PEOPLE). The point is, we need to put a stop to these crazy offenders and more than a simple take the license away and a fine. They will still get behind the wheel and hurt someone else (of course never themselves). I agree w/ whoever said you don't know how something like this truly feels until it happens to your family. Hopefully it doesn't come down to that for the judges and whomever to get these laws changed and stiffer consequences.

Posted by: mTm on Jan 7, 2009 at 12:52 PM
This clown will end up killing an innocent person - Judges need to be accountable like everyone else.

Posted by: B on Jan 7, 2009 at 12:49 PM
This was in New Mexico, not Nebraska. The laws are different in every state. Not to say they don't need reform, but it sounds like other states have it worse than us. To all you that made posts about how appalled you are by drunk driving. I would bet money that most of you, at one point in your life, have had a few drinks and drove home thinking you were fine. If we want to stop things like this from happening, then we ALL need to be accountable for our actions. Practice what you preach.

Posted by: Anonymous on Jan 7, 2009 at 12:45 PM
Kill a bunch of people texting no big deal. Drive the wrong way down a one-way street and kill people sober, no big deal. Traffic violations should have the same punishment regardless in alchol was consumed or not. Separate drunk driving penalties should be uniforn also.

Posted by: Anonymous on Jan 7, 2009 at 12:43 PM
DUIs are a money grab. Nothing more. Just like MIPs. The money train must keep on rolling.

Posted by: To JaniMarie... on Jan 7, 2009 at 12:40 PM
...NO you don't have this story straight. McCormick committed his crime and was sentanced in December (2007) and has served a little over a year. Dale Beller's parents were killed 6 years ago (NOT BY Russell McCormick ). The story doesn't mention the name of the jerk who killed Beller's parents and their two friends in New Mexico. Beller's story is brought up as a point to be made that sentances imposed against DUI offenders (1st, 2nd, 3rd...10th) are entirely too light. (That's why people like Dale Beller are shocked that even though last December Russell McCormick was sentenced to 30-60 months for his tenth D.U.I. conviction, he will be eligible for parole in two weeks.) Drinking and driving offenders make me sick. There are programs out there for the "caring public" to get involved in - Mother's Against Drunk Drivers is one that I belong to. The only way for prevention is education & harsher penalties for offenders. Everyone should see Beller's parents car - it made me cry to see it.

Posted by: RM on Jan 7, 2009 at 12:28 PM
What is the penalty for driving on a suspended license. Must not be big enough.

Posted by: C on Jan 7, 2009 at 12:27 PM
What a sad story! My heart goes out to Mr. Beller for his loss! It sickens me that this man even has a chance to get out of jail after only a year! TEN DUI'S??? I'm hoping that the review board realizes that this man needs more time in jail! I also don't understand why he wasn't charged with more than just a DUI considering he killed people? Since this happened in New Mexico, I'm not sure that we'll ever know the whole story about the charges, but I hope that this man is kept in jail for the maximum sentence!

Posted by: Kathy on Jan 7, 2009 at 12:27 PM
to JaniMarie: I think you mis-read the article. Where does it say Russell McCormick killed 4 people?? The person who killed Mr Beller's parents was in New Mexico. Not to excuse his bad behavior, but get your facts straight!

Posted by: jenny on Jan 7, 2009 at 12:25 PM
Why wasn't the guy charged with more than DUI?

Posted by: jim on Jan 7, 2009 at 11:43 AM
it's the same ole' same ole' ending. Drunk driving is not really a crime in Nebraska. It's sickening. Our judges are tougher on dad's (like me) that miss a child support payment than on a drunk driver. I know! I wish our Judges would get tough on crime around here.

Posted by: Jai on Jan 7, 2009 at 11:37 AM
The reason he's getting let out is exactly like someone prior to me posted. Gotta keep the wheels of the DUI Industry greased! They know he will repeat again, and they will be able to squeak money out of him. That's all DUIs are good for. Bringing in money to lawyers, etc. Nobody ever learns, otherwise you wouldn't have repeat offenders. And to the Anonymous poster who said that alcoholism isn't a disease, you are a moron. Plain and simple!

Posted by: Alive and well! on Jan 7, 2009 at 11:09 AM
to JaniMarie; REREAD THE STORY...This man did not kill 4 people...He did, however, drive on a suspended license..He will do it again. He obviously has a total disregard for the law and doesn't give a damn about you, me, or himself. And so, we keep him in a warm cozy jail cell...3 hots and a cot...at our expense...Atleast we are still alive...

Posted by: Lynda on Jan 7, 2009 at 11:07 AM
Change the laws and fire the judges!

Posted by: yeah on Jan 7, 2009 at 11:06 AM
Yeah---they only like to catch drunks for the money. Not for their own safety on the roads, that of their spouses, or children, or the general public for that matter. Good point previous poster.

Posted by: Lynda on Jan 7, 2009 at 11:04 AM
No way! Hello...we see the alcohol related deaths continue to grow in numbers and here comes another drunk driver/murderer back on the streets. Change the laws and put these people in a recovery/heart changing environment for many years. And the bottom line is no one will change unless they want to. 10 times? Dales parents would be alive today if this guy was permanently locked up. There is no difference between him ( a ten timer) than a second degree murderer. Alcoholism may be a disease but those who cannot control their other diseases and are a threat to themselves or others are hospitialized for the rest of their life in some cases. No difference! Alcohol is nothing more than legal dope to some people! CHANGE THE LAWS! WE SHOULD REMEMBER AT VOTING TIME WHO VOTES FOR WHAT!

Posted by: Amanda on Jan 7, 2009 at 10:41 AM
Why should he stop drinking and driving...the consequences for his actions are minimal!!!!!!!!!!!!!!! This is disgusting! How many more deaths need there be?

Posted by: si on Jan 7, 2009 at 10:28 AM
If you want DUIs to stop ... Quit selling liquor and cars - bad apples ruin it for the rest of us honest folks ... just like if you don't want me to smoke in public ... quit selling cigarettes ... basically quit offering the vise and the problem may go away. I agree that stiffer penalities need to be put into place and inforced to the max for all offenders. But I don't feel jail time or taking away the license is going to stop this crime.

Posted by: rg on Jan 7, 2009 at 09:57 AM
if im not mistaken, 1st is 0-7 days, 3 month suspension, $500.00 fine, 2nd is 30 days, 6 month suspension, $500.00 fine, 3rd is 1 year, lifetime suspension, $1000.00 fine. Fyi Jo, it is already that if even on a 1st offense, the car is impounded, no matter whos it is. But, there is alot of money to be made in trying, retrying, re-re-re-trying.... not to mention gov money to fund programs, rehab, but dont forget, more than a dozen people that work in the courts have made several thousand dollars ten times over on this one man. why would they cut their own throat...

Posted by: Harry on Jan 7, 2009 at 09:51 AM
The only way to stop DUI's is to slap a heafty tax on all alcohol sold. The cigeratte tax has worked and it can work on alcohol.

Posted by: Anonymous on Jan 7, 2009 at 09:46 AM
To Jo: good ideas. Now, if we could just get the court system to speed up the treatment of a "first" DUI, following DUIs after that within the time of the court treatment could actually be second or third DUIs with concomitant penalties. People have gotten following DUIs within that time, and they are still "first" DUIs. Our society does not come to grips with the damage alcohol abuse does to the community, and does not want harsher penalties, regardless of what you and I would do to the selfish persons who abuse alcohol. I am one who does not believe that alcoholism is a disease, but people have a tendency to addiction, which they should resist. Sure, some people get to the point where they can't tell up from down in alcoholism, but they still had a choice in the start. Have a neighbor who has put his family through too much,but he insists it is his right to do what he wants.

Posted by: 10 times, and he will be out after only one year? on Jan 7, 2009 at 09:28 AM
Sure, that is only 10 times he was caught. What about the other 50 times he was lucky and made it home. Our society treats a DUI like shoplifting until someone gets hurts. It has almost become part of the "norm". Why can't we charge them with assult with a deadly weapon? They use their vehicle as the weapon. I agree with Dale Beller, I will never understand why our legislature doesn't do more. In college, I had friends that treated drinking and driving like it is some sort of challenge to not get caught and then brag about how drunk they got and still made it home.

Posted by: JaniMarie on Jan 7, 2009 at 08:47 AM
Let me get this straight, this guy drove drunk for his 10th DUI, killed 4 people and only got 30-60 months??? What? Isn't that 4 counts of 2nd degree murder or something??? The laws have got to get tougher on these idiots! Why do we just let them go around killing people? Is it any different than someone shooting someone. Wrong, wrong, wrong. This man should be in jail longer and NEVER be allowed to have a drivers license. I am so sorry to hear of this tragedy. My heart goes out to you all!

Posted by: mike on Jan 7, 2009 at 08:36 AM
The judge suspended his license for 15 yrs. That wont stop this drunk from driving. He will continue to drive without his license and more then likely will drive drunk again. After all he has done it 10 times before. Im pretty sure he wont stop. Only way to stop him from killing anybody else is to put this low life in jail for the rest of his life.

Posted by: Anonymous on Jan 7, 2009 at 07:51 AM
I'm sure he'll be out celebrating his freedome if he gets the parole that same night. This clown needs to not get out.

Posted by: WOW on Jan 7, 2009 at 05:04 AM
WOW!!!! This is sad, they need to take his license away for good. But instead they are giving him a pat on the back.

Posted by: Tim on Jan 7, 2009 at 04:27 AM
I agree. I drove drunk alot...luckily I didn't hurt or kill anyone. I was arrested for 3 dui's and for that 3rd one I finally got some jail time which totaled 40 some days. I'm one that believes had the courts been tougher from the get go I wouldn't have been so stupid. Alot of Thanks to the Judge that finally gave me jail time to wake me up. That last dui was 10 years ago and I just shake my head when I read that this still goes on and on. I'm so sorry for not realizing what I did earlier. But to anyone listening, Please don't drink and drive, it could be you, one of your family, coworker that gets killed. It's a senseless crime.

Posted by: Scott on Jan 7, 2009 at 04:23 AM
Just think how safe society would be if "the system" would enact the same laws for other felons as they have for sex offenders. I, for one, am frightened by the prospect that this individual could soon be living in my neighborhood. We think we are safe just because our neighborhoods are free of sex offenders. What about the drug dealers/users; abusers; drunk drivers; petty thieves; arsonists; and other thugs? Where is our great Attorney General John Brunning when crimes other than sexual ones, which account for only 1% of all crimes, occur? Probably rehearsing his next political speech. Wake up people. We need real leadership to deal with the issue of crime.

Posted by: Jen on Jan 7, 2009 at 12:30 AM
Get real - anyone who has 10 DUIs is not likely to give a hoot whether his license is suspended or not - and he'll care even less once he's had a couple of shots of booze. The police are doing their jobs catching these criminals, but then the courts and the lawmakers turn around and put them back on the streets with a slap on the wrist. It sickens me. Maybe if he'd been locked up for a good long time on any of his nine earlier convictions, these innocent people might still be alive.

Posted by: Anonymous on Jan 6, 2009 at 11:58 PM
So let's all show up at McCormick's parole hearing and demand the judge deny parole. A suspended license won't keep him from driving, but being in jail will. The law enforcement campaign should meet the honesty in advertising criteria and be renamed, "You drink, you drive, we slap your wrist."

Posted by: Anonymous on Jan 6, 2009 at 10:41 PM
It is horrible that anyone drives drunk once let alone 10 times (that he was caught anyway). Losing a family member to a drunk driver is one of the worst things you will ever have to go through. If the laws/punishment were harsher maybe it wouldn't be happening so much. Lawmakers ask why it keeps happening...well come on, isnt that a dumb question. Taking their license obviously doesn't work so put them away for a long time. Motor Vehicle Homicide carries a sentence of 5 years, most of the time less. Shouldn't it be take a life, give your's up to live in a jail cell? Just a thought. If you haven't been through the loss of a loved one caused by a drunk driver you MAY not understand where I am coming from. Hopefully you never have to.

Posted by: They let em out early on Jan 6, 2009 at 10:03 PM
So they'll get more DUI's and the cops/lawyers get more $$$. That's all they care about.

Posted by: Jo on Jan 6, 2009 at 09:46 PM
Unless the legislature increases the penalties for DUI, and the judges stop the "slap on the wrist" sentencing, the problem will not end. Arresting them does no good if they are behind the wheel within months. If you are second offense DUI, your vehicle should be confiscated and you should lose your driving privilege permanently. If someone provides you with a vehicle, it should be subject to confiscation, regardless of who the owner is.

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