Pearson ordered Anderson to serve a total of 80 months in prison and 40 months on supervised release for criminal vehicular homicide while driving drunk and causing substantial bodily harm while driving drunk.
The sentence was harsher than the 96 months Will Brost, assistant county attorney, requested. Chief Public Defender John Moosbrugger requested a 34-month sentence for Anderson. “He’s been remorseful. He’s basically a good person,” Moosbrugger told the court.
“The sentence unfairly exaggerates the criminality of this case...especially considering the conduct of Paynesville Police Officer Joe Schmitz,” Moosbrugger said.
According to the Stearns County Attorney’s office, Anderson will be given credit for the time he has served in jail since the accident on Oct. 15, 1997.
Prior to the sentencing being announced, victims’ were allowed to speak on the impact of Westby’s death on their lives. Mike O’Brien, Westby’s DNR partner, told about the vacation he and Westby had planned.
“The reason Anderson gave for not pulling over is that he thought his life was over,” O’Brien said. “That decision ended my friend’s life.”
Cynthia Westby did not speak to the court, but had Will Brost read a letter she had written for the presentence investigation. She requested the court sentence Anderson to prison according to the state’s sentencing guidelines.
“One of the hardest things for all of us to deal with is that this accident and death were completely unnecessary and preventable,” she wrote. “While officer Schmitz bears some of the responsibility for the accident, it was within Mr. Anderson’s power to prevent this accident from ever happening.”
Before being sentenced, Anderson apologized to Cynthia Westby. “I’m so sorry. My heart goes out to you and your family. I’ve been praying for you,” Anderson told her.
Anderson interrupted Judge Pearson several times during his sentencing, seeking some last minute reprieve. “It’s too late Mr. Anderson,” Judge Pearson said. “You’ve destroyed one family. I couldn’t face another family,” the judge added, referring to a plea for in-patient alcohol treatment instead of prison. “If you’re released and this happens again, I could never explain it to them.”
In regards to possible charges against Officer Schmitz, Brost told the