Archive for Monday, April 30, 2007

Sentencing hearing delayed

Dustin Lund misses pre-sentencing report interview, causing continuation

April 30, 2007

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The end of a criminal case that triggered controversy, prompted the attempted recall of a district attorney and caused the death of a Craig man, will have to wait another month.

Sentencing for Dustin Lund, the driver at fault in a February 2006 fatality accident, was scheduled to take place Monday morning in Routt County Court.

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In March, Lund pleaded guilty to the sole charge from the crash, careless driving causing death, a misdemeanor.

But Monday's sentencing hearing was continued to 3:30 p.m. June 5. Assistant District Attorney Kerry St. James, who's handling the Lund prosecution, said a snag with Lund's pre-sentencing report caused the continuance.

Lund, St. James said, did not show up for an interview with probation officers attempting to prepare the pre-sentencing report. A Routt County clerk said attempts were made to contact Lund and reschedule the interview, but Lund didn't respond to messages.

There was no penalty for missing the pre-sentencing report interview, James said. Judge James Garrett chose to reschedule the sentencing hearing, and also set a May 16 hearing with Lund's attorney, Kris Hammond of Steamboat Springs, to make sure the report interview had taken place, the clerk said.

St. James said the state was prepared to move forward with the sentencing hearing, and that the district attorney's office hopes to settle the matter June 5.

"I would hope so," he said. "We thought it would go today. The state's portion was ready to go."

Lund was allegedly under the influence of methamphetamine during the two-vehicle crash that claimed the life of Craig resident Michael Bailey. Due to mishandled evidence, the district attorney's office could only seek the misdemeanor charge against Lund.

Bailey's family then pursued a recall petition against District Attorney Bonnie Roesink. Although nearly 3,000 people signed the petition, the effort fell short by 857 signatures.

The maximum penalty allowed under law for a careless driving causing death conviction is one year in county jail and a $1,000 fine, prosecutors said.

St. James said he would make a sentencing recommendation to the court at the June hearing, but would not comment on what the recommendation will be.

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