Kitto to serve 4 years for wreck

Published 5:00 pm Tuesday, April 1, 2014

Samuel Martin Kitto was sentenced to four years in prison and six months jail time Tuesday after being convicted nearly two weeks ago of multiple assault charges and driving under the influence of intoxicants.

The 20-year-old from Astoria stood in front of Circuit Judge Philip Nelson and said he didnt mean for people to get hurt. The inmates at the Clatsop County jail, he said, have given me a good example of what I dont want to be like.

But Nelson expressed that he didnt have a lot of hope for Kitto to make the appropriate changes at this point. Not only did you bring it on yourself, he said, about the consequences of his actions, but on the people in the other car.

On July 21, Kitto drove home from a rave party located about 31 miles east of Seaside off U.S. Highway 26. After getting gas east of the party, Kitto and three passengers headed west when within eight miles of U.S. Highway 101 they collided head-on with a Toyota Corolla driven by Karen Anderson. Her mother, Audrey Zibelman, was in the front passenger seat and was considered to have serious injuries along with Kitto and two of his passengers.

At trial, Clatsop County prosecutors presented jurors with a blood sample taken from Kitto after the crash that found carboxy tetrahydrocannabinol and a low-level of methamphetamine.

Defense attorney William Uhle asserted that the inactive component of marijuana showed that Kitto wasnt under the influence while driving.

But testimony from Robert Hara, a forensic toxicologist who analyzed Kittos blood, indicated that the level of marijuana found showed recent ingestion and he said it would not have been safe to drive.

Uhle also questioned the lab report based on an incorrect time stamp. In cross-examination, Hara stated that the error was made by a co-worker.

The Clatsop County District Attorneys Office brought Kitto to trial on three counts of second-degree assault and two counts of third-degree assault based on the seriousness of the injuries sustained by the five victims and sought convictions based on extreme indifference to the value of human life. The jury chose to convict Kitto on lesser included charges of fourth-degree assault and third-degree assault.

At Tuesdays sentencing, the district attorneys office sought the maximum sentence of 36 months in prison for each of the three counts of third-degree assault.

The defendant is a dangerous person in that he just doesnt get it, said Chief Deputy District Attorney Ron Brown. He is a person who doesnt accept the consequences for his actions.

The prosecutions desired sentencing was based on aggravating factors that included permanent injury to three of the victims, which includes Zibelman who had a total of 14 surgeries after the crash.

Prosecutors also played audio recordings from the jail of phone calls between Kitto and his mother before and after the trial. The recordings were presented at sentencing because the district attorneys office believed there were threatening remarks made by Kitto directed at prosecutors.

Uhle said that Nelson should take into consideration that Kitto showed remorse at the scene of the crash and that he had no prior DUII convictions or convictions for assault. Kitto also wrote letters to the victims expressing he was sorry, which Nelson reviewed before sentencing him.

The jail time Kitto served leading up to trial is expected to reduce his jail sentence. With an automatic reduction for earned time credits for good behavior, he is expected to serve about 3 1/2 years in prison. His license will be suspended for a period of time and he will be on postprison supervision.

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