Drunk driver gets 13 years
Published 5:00 pm Monday, April 25, 2011
A Portland man who was found guilty of manslaughter for killing a motorcyclist has been given a 13-year prison sentence.
Kenneth Eugene Middleton, 45, has already served close to one year in the Clatsop County Jail, awaiting trial, and will get credit for time served.
A 12-person jury delivered a unanimous guilty verdict last week after considering evidence that included cell phone videos of Middletons erratic driving on May 30, 2010, and testimony against him from his own daughter.
The commercial fisherman was sentenced Tuesday morning by Clatsop County Circuit Court Judge Paula Brownhill. He was found guilty of first-degree manslaughter, second-degree assault, driving under the influence of intoxicants, three counts of reckless endangering and one count of reckless driving.
On May 30, 2010, Middleton was driving eastbound on U.S. Highway 30, just east of Astoria near Tongue Point. He had downed at least a dozen beers. According to witnesses and cell phone video footage, Middleton was driving fast, swerving and trying to pass cars in no-passing zones.
His 13-year-old daughter, Mary Middleton, was in the truck with him. They were returning to Portland after visiting relatives in Warrenton.
On a blind curve east of Astoria near Tongue Point, Middleton crossed the double solid yellow center lines trying to pass another car and collided head-on with a westbound motorcycle driven by Andrew Andy Church, 35, of Rainier.
Church was thrown from his motorcycle. His head hit the hood of Middletons truck and he was flung into a nearby field. He was killed instantly.
Mary Middleton suffered a seat-belt injury. Kenneth Middleton was not injured.
Mary, now 14 years old, spoke at the sentencing. She had taken on the difficult task of testifying against her own father last week.
After the crash, Middleton told her not to tell anyone hed been drinking, she said. There were several times her testimony conflicted with his testimony at the trial. Middleton said some of his daughters statements werent true.
I want you to know I will always love you because youre my dad, Mary said Tuesday. But why would you put me through something like this and then say I would lie … when you were the one who was lying?
Clatsop County District Attorney Josh Marquis believes Marys testimony was key to Middleton being sentenced for as much time as he was. The state prosecutors had asked for 17 years, tacking on more time consecutively for the second-degree assault charge.
Prosecutors argued that there were two victims in this case, Church and Middletons daughter, and that Middleton should serve more time consecutively instead of concurrently.
His sister, Delilah Anderson, said Tuesday that the suffering caused by the accident is far-reaching.
Her brother was upset and self-medicating with alcohol, she said. I feel like he had nowhere to turn.
Middleton told jurors last week that he was upset about his crumbling marriage and was exhausted May 30. He wasnt thinking clearly, he said. After the collision, his blood alcohol content was between .21 and .23. He took the blind curve on Highway 30 going over 70 miles per hour.
During the trial, Middleton said Churchs motorcycle came out of nowhere.
He didnt come out of nowhere, Judge Brownhill said at the sentencing. He was in his own lane … he had no idea what was coming around that corner.
You violently and recklessly killed my son, said Churchs mother, Beverly Marten, standing just feet away from Middleton on Tuesday as she gave her statement to the court before he was sentenced.
Middleton acted selfishly on May 30, she said. He devastated not only her family, but also his.
He told Churchs family he was sorry Tuesday morning.
I think about (Church) every day, if not multiple times every day, he said.
Middletons attorney, John Orr, had asked his client during the trial if he thought hed shown extreme indifference to the value of human life May 30, while passing on the blind curve.
I would have to say yes, Middleton had replied.
By admitting this on the stand, Middleton essentially guaranteed that the jury would find him guilty of higher charges, Judge Brownhill said.
But you were at least being honest about what you were doing, she said.