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Thursday, September 04, 2008

Man handed 3 1/2 years for deadly DUI crash

The 28-year-old pleaded guilty to aggravated involuntary manslaughter in the October wreck.

On his 28th birthday, Daniel Lee Ammons drove drunk and caused the death of one of his best friends.

Wednesday in Roanoke County Circuit Court, Judge Jim Swanson weighed a sentence that balanced Ammons' moving displays of remorse with the reckless behavior that led to Nicholas Shockley's death. "This case borders on the impossible," the judge said.

As Shockley's family watched, Ammons told the judge, "I do feel responsible for his death. I do want to suffer the consequences for it. I want justice to be served." He said he could understand if Shockley's relatives never forgive him. "I've robbed his family of the bright future that he was going to have."

When Shockley's mother, Kimberly Shockley, took the stand, she made it clear that Ammons' apologetic words gave her little comfort. "In today's society, there is no excuse for not knowing what will happen when you drink and drive. None."

Swanson sentenced Ammons to serve 312 years of a nine-year prison sentence. He will have five years of probation when he gets out, and his driver's license has been revoked indefinitely.

At Ammons' May 7 jury trial, his attorney, Stuart Pearson, did not argue that Ammons wasn't responsible for Shockley's death. Instead, he tried to get a charge of aggravated involuntary manslaughter, which carries a maximum punishment of 20 years, reduced to involuntary manslaughter, with a maximum punishment of 10 years.

When Swanson refused to reduce the charge, Ammons changed his plea to guilty. Wednesday, Swanson convicted him of aggravated involuntary manslaughter, driving under the influence and refusing to take a blood test.

"What happened was so senseless," Swanson said. "It could have been so easily avoided."

According to court testimony, Ammons and Shockley were co-workers at The Roanoke Times. On Oct. 7, the pair and four other friends met at a Starkey Road restaurant to celebrate Ammons' birthday.

Ammons had a lot to drink but insisted on driving back to his house on Starlight Lane in Roanoke County, despite several members of the group telling him he shouldn't drive. Shockley rode with him.

On the way, Ammons stopped at a convenience store to get cigarettes, and one of his friends, worried about his erratic driving, took his keys from the ignition. But Ammons became angry and demanded his keys back.

On Starlight Lane, Ammons lost control and went off the road. Shockley, who was in the passenger seat, died in the high-speed crash.

A forensic expert using a hospital blood test estimated Ammons' blood-alcohol content at 0.18 percent, more than twice the legal limit of 0.08.

Shockley had celebrated his own 21st birthday the week before. "He'd just been accepted to go to paramedic school and gotten a job at Lewis-Gale," his mother said.

Assistant Roanoke County Commonwealth's Attorney Ashley Sweet told the judge that Ammons had a previous conviction for driving under the influence in Georgia.

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