Michael John Awbrey appeared for sentencing in the Tenth Judicial Court before Judge Thomas Stockard, January 16, on two Category B Felonies: 1) Failure to Stop on the Signal of a Police Officer Causing Death or Bodily Harm, and 2) Driving Under the Influence of an Intoxicating Liquor or a Controlled Substance Causing Death or Bodily Harm.
Chief Deputy District Attorney Lane Mills began his arguments by stating, “This defendant is here before this court with seventeen prior convictions; six of those are felonies, eleven misdemeanors.” Mills listed several convictions in numerous states, with these charges resulting in Awbrey’s ninth parole violation.
Mills told the court that when the incident occurred, the defendant was flying down Maine Street while being pursued by Highway Patrol, blew through the stop sign, and hit a vehicle, causing it to run over the top of another vehicle, ultimately causing severe bodily and emotional harm to occupants of the two vehicles.
“At some point, Your Honor, the people of this state need to be protected from people like Mr. Awbrey,” said Mills, who asked Judge Stockard to impose the maximum sentence. “You cannot have a more aggravated circumstance than this. People here were hurt. All because this defendant didn't want to be pulled over and have to face the music.”
Churchill County Public Defender Jacob Sommer told the court his client was seventeen when he began to wrestle with the issues of substance abuse, and from that time, Mr. Awbrey, who is now in his early 40s, has not yet conquered that problem. “In the trail of that addiction is the wreckage of what could have been,” stated Sommer, who said there are no words to take away the harm he has caused and that Awbrey does not try to minimize his actions or behaviors.
Sommer further told the court that Awbrey had been engaged in the Crossroads substance abuse program, completing several lessons and classes and receiving at least two certificates of achievement through the program. Sommer noted this doesn't remove the pain his client has caused, but it does indicate he is not someone who wants to disregard the lives and happiness of other people, “It's the substance abuse problem that we see causes these actions. It is not an excuse; it just simply causes people to lose their ability to make good judgment. And in Mr. Awbrey's case, that's what happened.”
Sommer concluded, “There has to be a recognition in a sentence that it’s only as much as is required to ensure that the purposes of sentencing are met. This isn’t an opportunity to publicly flog someone who happened to be in our community and made a mistake. Only as much as it takes.” Sommer asked the court for 36 months in prison on each case, conceding Awbrey understands he has to pay the piper.
Awbrey read from a written statement to the court, “First and foremost, I would like to express my sincere remorse and apologize for what I did that brought us here.” He said he acted with no regard for public safety. As a result, innocent people were hurt, and he accepted full responsibility. He concluded his statement by praying for forgiveness and stating, “All my time incarcerated, however long that is, will be spent bettering myself as to never have something like this happen again.”
A victim in the case also made a statement explaining how this incident has impacted her life. “Honestly, Your Honor, it has completely ruined my life,” she said, telling the court she now has PTSD and can no longer work. “I feel like Mr. Awbrey should be punished.” Another victim was present at the hearing but chose not to make a statement.
Awbrey was sentenced to 96-240 months in prison on each count, to run consecutively for an aggregated sentence of 192-480 months, with a $2,000 fine imposed. He received credit for 299 days in jail and was remanded to the custody of the Churchill County Sheriff for imposition of sentence.
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