A substance-abuse counselor, Sherri Lynn Wilkins, 53, has been sentenced to 55 years to life in prison for second-degree murder after hitting and killing 31-year-old Phillip Moreno in November 2012 — and then driving away with him dying on her windshield.
Wilkins was found with a blood-alcohol level was nearly twice the legal limit at the time of the accident in Torrence, California. Her defense was curious in that she insisted that she was not drunk but merely “self-medicating” while waiting for knee-replacement surgery. She had consumed three single-serving bottles of vodka and a can of Budweiser beer and Clamato before starting to drive. That would put anyone into a drunken state.
The sentence is quite long for this type of accident which is usually charged as vehicular manslaughter. However, Superior Court Judge Henry Hall said, “Ms. Wilkins demonstrated an extraordinary callousness in fleeing the scene and trying to shake Mr. Moreno’s body off her car. This is a callous murder, not an unfortunate act.” The sentencing is particularly interesting because it was set under the state’s three strikes law. Wilkins has a long history of drug abuse and arrests. Hall used that record to triple the 15 years to life sentence.
The fact that the prior crimes were not crimes of violence makes the case somewhat novel but not unique. Hall acknowledged that and that “She’s not a classic violent criminal. But you have to evaluate her history. She had an insatiable desire to become intoxicated.”
Many courts would have viewed the 15 to life sentence as more than enough for such a crime. The use of the three strikes law could make for an interesting appeal but often sentencing is viewed as a discretionary function for the trial court. It is one of the longest sentences that I have seen in such a case.
Source: Freep
Governor Moonbeam could correct the Ca. overcrowding w/ the stroke of a pen. Pardon all nonviolent drug offenders. The reason he won’t is the crisis is functional for a Dem. “We need more taxes!!”
Well Buckyroo: Considering Cheney’s career in public service, which saw his vote to allow cop-killer bullets, his deception over WMDs in Iraq, his orders for the use of torture, and his strengthening of the Imperial Presidency which you deride Obama for so much, not to mention the no-bid contracts to Haliburton, I would think he’s as great a menace to society as we’ve ever had.
You must be a member of the 13% club.
KarenS, That’s horrible. What state[s]?
I have absolutely no sympathy for her. Mespo her intent is when she started drinking or ‘self-medicating.’
mespo – they are clearing the prisons in CA as fast as the put people in there. Lindsay Lohan did less than an hour for God’s sake. Start by taking a third off for good behavior, then she gets 2-1 the rest of the way. She is out in 15 years. Actually, she may be out before her 75 birthday.
In CA, they let murderers and rapists walk free because the prisons are overcrowded. I wonder how long she will serve.
Nick:
“The obvious one is a problem w/ alcohol and increasingly opiates while driving. The other problem is lobbyists making bad laws.” So true.
My husband’s family lost 2 teenagers, on TWO separate occasions, to drunk drivers. The hole will never be filled.
Maybe one day smart cars will sense impairment and shut off.
Evidently, the parole situation in Cal. means she will always be in prison until she dies.
Unless the appellate courts reverse the conviction.
Alcoholism is a variation of malnutrition. Clean up the American diet, and you clean up a lot of addiction in many variants.
“Except as provided in subdivision (b), (c), or (d), every person
guilty of murder in the second degree shall be punished by
imprisonment in the state prison for a term of 15 years to life.” – California 2nd Degree Murder Code
I’m not sure it’s murder under the common law definition which California uses. If she was as intoxicated as the judge claims, how could she form the requisite intent? It’s certainly not intentional conduct and depraved indifference requires the ability to comprehend the harm to human life your actions will likely cause to happen. The actions after the death are irrelevant for the elements of the crime so even if she paraded the dead body in the street it would not prove second degree murder. I’m no criminal lawyer but I see an appeal coming — and a successful one at that. Bad cases make bad law.
I am not a big fan of the three strikes and you are out sentencing laws. The 15- life would have been sufficient.
This sentence is too stiff. 20-25 years would be appropriate IMO.
I just can’t believe that last remark by RTC. Other than just access to a computer, justify such a remark for the rest of us observers. Inquiring minds would like to know ? Do you know what you are talking about – or just bloviating
This country has some the most lenient DUI laws in the world. There are nations that are more alcoholic, not many, but some. But, we have permissive laws for one reason. And, it’s the same reason why we have so many unrighteous laws and regulations, MONEY. I live in one of the most alcoholic states in the US, Wi. We have the most permissive laws. The liquor and tavern lobby fight every effort to toughen the laws. Probably 20% of the civil lawsuits I investigated involved alcohol. The first step to solving a problem is admitting you have it. Regarding this topic we have two problems. The obvious one is a problem w/ alcohol and increasingly opiates while driving. The other problem is lobbyists making bad laws.
Randy: The same could be said for Dick Cheney
Cheney needs to be locked up for DUIs that he got, for his drunken shooting, and more importantly for war crimes.
The sentence is appropriate since if it is shorter, she will be back out driving drunk and killing more people. She has proven that she has to be under lock and key to keep us safe.
Good ruling. Usually when a bug hits the car windshield, you use windshield wash and wipers. Smarty pants was doing something similar with a human she hit, dead.
Drunk, but still figuring things out (get rid of the body and getaway plan).
Unreal.
Good. That should keep her off the road for a while.