Wendt sentenced on DWI manslaughter charge

Ronald J. Wendt, the 25-year-old Alexander man convicted of drunken driving and taking the life of a Dansville girl, will spend at least another 15 months in prison and could end up serving a total of seven-and-a-half years behind bars.

Wendt was sentenced in Genesee County Court today on his 11 convictions stemming from the fatal accident in Darien Center on Aug. 14, 2009.

Katie Stanley, 18, died in the crash that also injured three other people, and two of them say they continue to have medical problems.

The top count of Wendt's charges was aggravated vehicular manslaughter, which carries a maximum sentence of 25 years.

Judge Robert C. Noonan sentenced Wendt to two and a half to seven and a half years on that count, and Wendt has already been in Genesee County Jail for 13 months, leaving a minimum of 15 months to serve.

On the other 10 counts, Wendt received concurrent sentences ranging from one year to two-to-six years. (For a list of the counts the sentencing options available to Noonan, click here.)

Noonan called the case a tragedy and noted, as did Friedman, that the underlying DWI charge was no more serious than what hundreds of people in Genesee County face every year. If there had been no accident, Noonan said, and Wendt was still arrested, he probably would have faced a misdemeanor DWI case, have it reduced to a violation and have served no jail time.

"You wouldn’t be standing here and you wouldn’t be facing a prison sentence, but unfortunately your conduct did lead to some serious consequences and I intend to impose a serious prison sentence," Noonan said.

Noonan noted that when he was a young prosecutor, a BAC needed to be a .12 and now it's .08, but a deputy Noonan used to know warned all the time about the dangers of people driving with a .07 or .08 BAC.

"As that expert deputy said, a .08 of BAC has a limitation on their motor skills or shortcomings of their perceptions in operating a motor vehicle, and therefore they engage in conduct that endangers the public," Noonan said. "That's what you did here."

Anybody who drinks and drives could wind up in Wendt's situation, said Friedman.

"They all think it could never happen to them, but it does," Friedman said. "That's why we have these laws. The consequences of this case are far worse than anything we’ve seen from a DWI case in this county in a long ling time. I hope it says that way."

Wendt's defense attorney Thomas Burns said Ron is remorseful.

"This has never been anything other than terrible tragedy," Burns said. "From the onset, from his first statement to Deputy Wescott, Ron has been willing to accept responsibility for his actions."

Wendt made only a short statement when asked by Noonan if he had anything to say.

"I would just like to say there isn't a minute that I don't wish I could take that whole day back," Wendt said. "I don’t know how to express how terrible I feel about this whole incident."

Burns, Friedman and Noonan all praised families on both sides of the case who have shown a good deal of class, composure and grace throughout the case.

Paul Mahus, father of Gabby Mahus, who was a back-seat passenger in the vehicle that hit Wendt's truck as it turned left into the parking lot of My Saloon, read a statement from his daughter. 

She's suffered from debilitating headaches since the accident and a good deal of emotional trauma.

"I’m always thinking that Katie could have been doing fun things with us if she was still alive," Paul read from Gabby's statement.

But Mahus, like statements from Rachel Enderle, who was driving the car that hit Wendt's truck, and her cousin Timothy Enderle, also a passenger in the car, did not ask for any specific sentence for Wendt, no call for the maximum term.

"I don’t’ have feeling of hatred toward Ronald at all," said Rachel, through Timothy, who read her statement.

The statement detailed the pain Rachel has suffered because of her foot injury, which still makes it painful for her to walk and has been upsetting to her young daughter.

She did suggest that Wendt be required to speak to groups about drinking and driving and that "I don't want him to forget about it."

After court was adjourned, Timothy Enderle said he was comfortable with the decision.

"I think justice has been served," said Enderle. "Now both of our families can move on."

Friedman met with the families after the sentence and said nobody raised any concerns about the length of the prison term for Wendt.

"As you saw, I didn't ask for any particular sentence," Friedman said. "I didn't feel it was necessary. The court certainly heard from the victims in the case. You said, 'on the lighter side.' It could have been less, it could have been more. The judge has to consider many factors. I certainly respect what he did  and the sentence he imposed."

Burns said his client accepted the sentence graciously.

"Given the range of sentences available to the court, I'm pleased the court decided to go to the lower end, toward the minimum," Burns said. "I think it speaks to Ron's lack of prior criminal history, his lack of prior driving while intoxicated offenses."