Man sentenced to more than 4 years in prison for fatal drunken-driving crash in Superior Township
A man responsible for the death of another man during a drunken-driving accident on Halloween in Superior Township was sentenced Monday in Washtenaw County court to a minimum of four years and nine months in prison.
Robert Walter Bennett, 54, of Novi, pleaded no contest in March to operating while intoxicated causing death, operating with a blood-alcohol level of .17 percent or more and two counts of possessing a firearm while under the influence.
Robert Walter Bennett
Washtenaw County sheriff's deputies say Bennett's blood-alcohol level was .19 — more than twice the legal limit — when his pickup truck slammed into the back of a Ford Focus driven by 57-year-old Donald R. DiNatale of South Lyon, killing him. DiNatale was stopped at a red light at Ford and Plymouth roads when the collision occurred at 6:30 a.m., deputies said.
On Monday afternoon, Judge Melinda Morris sentenced Bennett to a minimum of four years and nine months and maximum of 15 years in prison, Washtenaw County Chief Deputy Assistant Prosecutor Steve Hiller said.
A wrongful death lawsuit was filed against Bennett in March.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
msufan1
Thu, May 26, 2011 : 7:23 p.m.
This is such an injustice. My heart truly breaks for this family. Some of the comments imply that Mr. Bennett should be released from prison early (the minimum sentence) so the victims family can get as much restitution from him as possible. Since Mr. Bennett "lives in a single wide mobile home and has virtually nothing" the prospect of the victims family being able to collect anything seems grim. Once Mr. Bennett's expenses are paid, I doubt he has much income left over to pay towards anything. Not to mention, the prison system will enjoy drawing on his pension for his time behind bars.
zip the cat
Wed, May 18, 2011 : 2:32 p.m.
Everybody thinks its a light sentence. All previous sentences by Melinda Morris were PROBATION for killing someone driving drunk. So 4 to 15 sounds better than nothing at all
Ken Boyd
Thu, May 19, 2011 : 3:25 p.m.
I did not think it was a light sentence, therefore you were wrong.
Ken Boyd
Wed, May 18, 2011 : 2:27 p.m.
This sentence seems about right. I understand the anger regarding this act, however; to apply the term murderer to the individual would be incorrect insofar as a legal defintion. I would also point out that calling prison free cable, shelter and meals, then demanding more of the same seems, well , self contradicting.
RJA
Wed, May 18, 2011 : 4:57 a.m.
I find it so important now days to look in the rear-view mirror when you stop at a red light, even a stop sign. Atleast you have a chance to look for a place to move out of the way. (even if one has to run the red light, if green light traffic gives you the chance). next best option would be a ditch, yard or field. He should spend the maxium of 15 years. Like Bertha, good thing I am not a judge!
EyeHeartA2
Wed, May 18, 2011 : 2:41 a.m.
Hey, two days ago we read about that guy that chopped up his wife and threw a piece here and a piece there. McDonalds, the rest stop etc. He only got ten years for that.
Blue Marker
Tue, May 17, 2011 : 8:26 p.m.
I don't see how this is justice. Four years of free cable, meals and shelter for killing someone? And what does it say about the man when he's twice the legal limit at 6 in the morning? Anything less than the 15 year max is an insult to the family of the victim.
JL
Sat, May 21, 2011 : 11:33 a.m.
In resonse to Ken Boyd: His health could not be too bad if he could drink himself into a stupor until 6am, then attempt to drive at 70-80mph with 2 guns in his vehicle. That day he decided to be judge, jury and exocutioner of Don. You say it would cost the tax payers a fortune, he cost Don and his family alot more than any amount of money. Why would it be fair to let him out of jail to be with his family, he robbed Don of that right. If his health is so bad, how could he pay restitution to the family? I could care less if he ever gets out of jail, we worked with Don and miss him more than words can describe. Mr. Bennett chose to ruin his life and that of his and Don's family's when he chose to drink and drive.
Ken Boyd
Thu, May 19, 2011 : 3:24 p.m.
15 years? This man has poor health and to keep him in that long would cost the taxpayer a fortune. Would it not be better to let him out sooner so he could assist in making financial restitution to the victim. I am just saying that keeping him in jail actually hurts the victim's family.
Blue Marker
Wed, May 18, 2011 : 8:42 p.m.
Mike & Huron, I'm making lite of jail to make a point. I don't really think it's easy. But I certainly don't feel justice has been served. Although nothing can bring the victim back a maximum sentence would at least send a message. I have two teenage son's driving and I worry so much about them every time they leave the house. It's bad enough out there without men in their mid 50's at twice the legal limit at 6 AM!
Mike
Wed, May 18, 2011 : 3:14 a.m.
I'm not sure you understand how difficult life behind bars is. Obviously this guy used bad judgement and he will pay dearly for it. He shouldn't walk free for sure but he shouldn't spend the rest of his life behind bars either. He will come out a changed man if he has any kind of soul. Sad case for everyone, I'll pray for all of them, the guilty party's pain is just beginning. No penalty can bring the deceased back, what a shame and waste of two lives.
Huron74
Wed, May 18, 2011 : 2:07 a.m.
It's not as rosy a picture as it sounds BM. Justice was served in my opinion.
Stephen Landes
Tue, May 17, 2011 : 8:18 p.m.
Four years for taking a life is nonsense. My family and families across this state worked very hard to get deaths caused by drinking drivers to be taken seriously by the legal establishment. At least this is somewhat better than it was 30 years ago, but it seems we have a long way to go. Maybe we need to go back to the days when MADD members attended court hearings and made their position on investigations, charging, and sentencing known publicly. Drinking and then driving with a BAC greater than the legal limit is a crime; it is incredibly dangerous; it is gross negligence on the part of the perpetrator because they know in advance that drinking will impair their ability to operate their vehicle and they choose to drive anyway. We need to start with much tougher sentences for people convicted of DUI -- jail time and long term loss of license -- to get their attention.
Ken Boyd
Thu, May 19, 2011 : 2:36 p.m.
Madd has made a living at whipping up the emotions of those distraught at the loss of a loved one. I know that no one thinks driving while intoxicated is ok, but this organization has built a near religious following , and wants to flex its muscle in courts and legislative bodies. People need to keep in mind that widening jail time too broadly would add enormous expensive to the public trust, with little or no evidence that it would accomplish anything.
Mr. Tibbs
Tue, May 17, 2011 : 6:40 p.m.
good work? for killing someone? good thing he didn't accidentally discharge a firearm. he would have gotten life. can't ban cars, so we are expected to live with this? such hipocrosy.
Tom Joad
Tue, May 17, 2011 : 5:45 p.m.
slap on the wrist for a murderer
Roadman
Tue, May 17, 2011 : 5:53 p.m.
Agreed. Many county prosecutors bring second-degree murder charges in these alcohol-related vehicular homicide cases - which the Michigan Court of Appeals has approved and also upheld sentences as high as 20-40 years. In the Larry McElhoes second degree murder conviction out of Macomb County some years ago in a similar case the Court of Appeals tossed out a 25-40 year sentence as unduly harsh - so the tough judges know where the line is drawn and dole out 20-40 year sentences in such cases. I have seen college students with no criminal record get 20-40 year sentences in such cases in Macomb County - with Oakland County being nearly as tough.
Roadman
Tue, May 17, 2011 : 5:43 p.m.
This is definitely an improvement from probation as we had in the last vehicular homicide case with Melinda. However, a couple points need to be made. One, the defense attorney was Elias Muawad, who is located in Oakland County; the defendant was not represented by an Ann Arbor "insider" attorney who pumps thousands of dollars of political contributions toward judicial campaign committees and prosecutor re-election committees. Secondly, the case involves alcohol consumption, which is an aggravating factor. Thirdly, most circuit court judges outside of Wayne or Washtenaw counties would give the maximum sentence in a case as this or something close to it; under the three-fifths rule of sentencing in Michigan the maximum in this case would be 10-15 years in prison. I have also seen these alcohol-related vehicle homicide cases charged as second-degree murder and seen 20-40 sentences imposed by the sentencing judge and later upheld by the Michigan Court of Appeals - so Melinda still is a relative "old softie" for which the defendant herein can be glad. Thanks for the improvement Melinda - maybe you have been reading our comments.
Bertha Venation
Tue, May 17, 2011 : 4:46 p.m.
Good thing I'm not the judge. I'd have given him 15 minimum.
zip the cat
Tue, May 17, 2011 : 4:42 p.m.
I stand corrected. I said in a previous comment that melinda morris would give him probation. I was wrong. Good job Melinda,its a long over due start,keep up the good work