Victim's family questions $5,000 bond for man charged in fatal drunken driving crash
Marcia DiNatale is furious the man accused of killing her husband in a drunken driving crash early on Halloween morning in Superior Township was able to walk free on $5,000 cash or surety bond today.
Robert Walter Bennett, 54, of Novi was arraigned this afternoon in 14A-1 District Court on charges of operating while intoxicated causing death, operating while intoxicated, operating with a high blood-alcohol level and two counts of possessing a firearm while under the influence. He posted bond this afternoon, Washtenaw County Jail officials said.
Don DiNatale was killed while driving to work on Oct. 31.
“He took my husband,” DiNatale said. “He took my heart. It’s not fair. He’s going to be out free on bond and other families are going to be suffering like we’ve been suffering…We're going to look into this.”
Washtenaw County sheriff’s deputies say Bennett’s blood-alcohol level was 0.19 — 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 DiNatale. In Michigan, it's illegal to drive with a blood-alcohol level of .08 or higher.
Bennett was traveling at an estimated 70 to 80 miles per hour after exiting M-14 at about 6:30 a.m., deputies say. He did not slow before crashing into DiNatale's car, which was stopped at a light at Ford and Plymouth roads, investigators say.
DiNatale was traveling to Oakwood Annapolis Hospital in Wayne, where he worked for 11 years as a respiratory therapist, co-workers said.
More than a dozen of his family members and friends attended the arraignment, including his sister-in-law, Reggie Cichon of Green Oak Township. Cichon also was upset with the bond set by Magistrate Thomas Truesdell.
Robert Bennett is charged with five felonies in the crash.
"The bond has to be higher," she said. "And we want to get it higher. We want this guy locked up for life. Too bad we don't have the death penalty."
Bennett's attorney for the hearing, Michael Carelli, said Bennett is retired from General Motors, owns a home and has ties to the community. Bennett turned himself in today at the sheriff’s department’s request, Carelli said.
“He wants to fully cooperate in this matter,” Carelli said.
Bennett, who suffered injuries in the accident, including a broken foot, used a walker at the hearing. He told Truesdell he has health problems including Chronic Obstructive Pulmonary Disease, a lung disease that makes it difficult to breathe. Bennett was on oxygen at the hearing.
He said he has not been driving, has no felony convictions and has no pending charges.
Truesdell set the bond with conditions, including that Bennett not drive or use drugs or alcohol. Bennett is scheduled to return to court for a preliminary hearing Dec. 14.
In addition to his wife, DiNatale is survived by four daughters and 12 grandchildren, family members said. He enjoyed spending time with family members and dressed as Santa Claus at a family Christmas party last year to entertain his grandchildren.
DiNatale cared deeply for his patients, some of whom suffered from COPD, co-workers said. On Friday, the hospital held a memorial service for DiNatale, filling two conference rooms with people, said Sandy Wright, manager of respiratory care.
In addition to hospital employees, patients attended — including an older woman who has difficulty getting around, but made special arrangements, Wright said.
“That’s how much he touched their hearts and how caring he was,” she said. “There wasn’t one person at our hospital that didn’t love him. And it’s going to be a huge void without him there.”
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and e-mail at leehiggins@annarbor.com.
Comments
PhillyCheeseSteak
Thu, Nov 18, 2010 : 11:33 a.m.
I wonder if Mr. Bennett will be charged with Michigan's new "super drunk" law? It took effect the day of the accident, Oct. 31st. According to the Michigan Bar Journal: Super Drunk means having a bodily alcohol content of 0.17 or more grams of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. Convicted super drunk drivers face stiffer penalties, including a one-year breath alcohol ignition interlock requirement, higher fines and costs, and possibly more jail time." The big question for me is, upon conviction, "possibly more jail time"?
JL
Wed, Nov 17, 2010 : 3:56 a.m.
Convenient how this selfish jerk is using COPD as a sympathy card, there was no mention of him using oxygen when he killed Don, and he is not wearing it in his mug shot. All of us that work (or are retired) and own our homes have ties to our communities. I feel there is no excuse why this animal is allowed to breath the same air as us. As for the judge that allowed this, may Don's blood and any other innocent person or family that is killed by this monster or any other drunk driver be on your hands. I wish you night terrors when you sleep, and can only hope none of your family members become a vicitm of this senseless crime. I also think you need a serious psych evaluation for poor judgement and you need to loose your job. Your a fine example of my theory of the justice system is designed by criminals for criminals. To the DiNatale family- my deepest sympathy, I can only pray a different judge will handle this and give this jerk what he deserves. As a co-worker of Don's I know how we miss him and I also pray that God will help ease your family's pain.
rcichon
Tue, Nov 16, 2010 : 10:32 p.m.
Scooter dog: I beg to differ operating while intoxicated resulting in death with a motor vehicle is 15 year max with strong half way minium, Bennett is looking at a stiff sentence for his actions, he choose to drive and kill.
David Moore
Tue, Nov 16, 2010 : 8:55 p.m.
My condolences to the DiNatale's family and friends. Such a tragic loss. My prayers and thoughts are with you. Not to condone anything, but as far as Bennett goes, the judged set his bond at only $5000 because he is not a flight risk. As far as drinking, drugs or driving the courts will revoke his bond if he does any of these things. The court most likely will make him wear a tether that will sense any alcohol and will only let him out during certain hours of the day. And/Or they can do random drug & alcohol testing at any time. Bennett just like anybody else that is charged with a crime is presumed innocent until proven guilty in a court of law. I dont know how this Bennett is feeling, but I know if I was in his place any court, prison time, fines would be the least of my worries. The worst has already happened, the taking of another mans life because of his actions. He will have to live with it. To me I would rather get the death penalty or wished I would have been the one that died. My prayer and thoughts also go out to Bennetts family (not to Bennett) Two families have been devastated because of this tragedy.
scooter dog
Tue, Nov 16, 2010 : 5:01 p.m.
Most or should I say all judges in this county run unopposed for re-election. So it makes no difference if you vote or not and they know it
scooter dog
Tue, Nov 16, 2010 : 4:56 p.m.
The real shocker will be when he is sentenced for what he did. First time offender with no prior drunk driving convictions on his record The very worst he'll get is maybe,maybe 90 days to at the extreme most of 1 yr in jail and PROBATION No hard time And if he is very remorsefull he'll get a slap on the wrist and be on his way. Sad but true
Woman in Ypsilanti
Tue, Nov 16, 2010 : 11:50 a.m.
Please remember cases like this the next time there is a vote to pass a millage to expand the jail. I don't know if that was a consideration in this case but I do know that when judges make decisions about bail, one of the factors they take into consideration is how much space there is in the jail. I can understand why the family of the victim is upset in this case. But it is helpful to remember that even though our rights do sometimes benefit the guilty, there are good reasons to have them. This man is not *legally* guilty until a jury of his peers determines that at his trial. There are good reasons for the presumption of innocence.
A2
Tue, Nov 16, 2010 : 10:27 a.m.
How ironic that Robert Bennett, a man with Chronic Obstructive Pulmonary Disease, killed a man that could have given him better quality of life. Such a sad story.. And really 6:30 am and he's twice the legal limit? Such a terrible story
jns131
Tue, Nov 16, 2010 : 10:23 a.m.
I'm confused. the state of Michigan made it illegal to be super drunk and has doubled and tripled fines set against someone who was super drunk. Um, now let me get this straight, this guy is let loose on society with five felonies and a $5000 walk? We need to look at that dog case too. Remember that guy? He said he would never harm anything or one. Uh huh. 10 months and he walks. So who is the judge in that case? Man, talk about lienant judges. Maybe I should see what I can get away with? Not. I really hope this guy does not walk and disappear. Worse case? Do it all over again. But, O wait, this is Washtenaw county. The easy judge county. Do what ever. Remind me not to vote for these judges in the next election. Scary. Very scary.
Elaine F. Owsley
Tue, Nov 16, 2010 : 9:49 a.m.
Drunk over twice the limit at 6 a.m. in the morning? What must he have been like when the bars closed? There needs to be a stiffer penalty for this man.
krc
Tue, Nov 16, 2010 : 9:19 a.m.
All right, let me rephrase my question: Does anyone know if Bennett was wearing oxygen at the time of the crash?
Killroy
Tue, Nov 16, 2010 : 8:06 a.m.
Well, at least now we know the value of a human life in the eyes of the district court. What a shame, five felonies and he gets to walk out of jail and resume his life... tsk tsk!
Chris 8 - YPSI PRIDE
Tue, Nov 16, 2010 : 7:24 a.m.
By the way it was just announced that the driver of the car on Long Island who caused the accident had a blood alcohol content of.25 BAC. That's three times over the legal limit. Being a former Long Islander I can tell you they mean business there. This took place at 12:05 am monday morning and his bail was set before the day was over. Something is seriously wrong with the system in Michigan for setting bail.
Ricebrnr
Tue, Nov 16, 2010 : 7:06 a.m.
Weird my understanding is bond is not only to ensure appearance but considers likelihood of reoffending before proceedings are over. Is not danger to the community a criteria? Clearly alcoholic drivers are such.
Cash
Tue, Nov 16, 2010 : 5:46 a.m.
The bond has nothing to do with his guilt or innocence or with his sentence. It only is an amount set based on the likelihood he will appear. The criteria (life-long resident,retired, local family, in treatment for illness, etc) all make it clear he's not going anywhere. He will be tried and if found guilty, sentenced. Bond has NOTHING to do with that.
1ofalpha
Tue, Nov 16, 2010 : 3:25 a.m.
If Robert Bennett has a drinking problem, and I'd bet he does, the probability of a repeat offense during this period of time is high. What measures have been taken to make certain he does not (at this point, allegedly--and it's repugnant to need to qualify at this point) kill or harm others? Random drug screens can readily be worked around and especially with alcoholic pros, as it were. I certainly think the bond set would assist in mitigating a repeat occurring while the charges are litigated. Holidays are coming up, to be sure. Why the mention of COPD and the drama of oxygen in the courtroom? Let's just ask if Robert Bennett required oxygen while he was driving. The answer to the former question is obvious: courtroom dramatics. This case is being handled, in my humble opinion, in a manner repulsive to any cannons of social decency I am aware of. Moreover, it is appalling that Mr. DiNatale's family must endure this, and especially while grieving--no doubt, in shock states. Regarding court costs and those of treating Bennett were he in jail. Indeed, justice is expensive. Let's consider the amount of funds spent finding out where certain politician's sexual organs have, or have not been. Oh my. How important by comparison. @tommy_t, your quantification is made ludicrous by reality and rational thought. My heart goes out to the DiNatale family, friends and colleagues. I am so sorry for your loss.
Chris 8 - YPSI PRIDE
Tue, Nov 16, 2010 : 2:53 a.m.
The below took place on Long Island at 12:05 AM. Look at the difference in how much bail was set. The People in this family have every right to be upset. $5000 for a life?? Something is wrong with the system in Michigan. Read this from Newsday: Menzies, who joined the NYPD in July 2001 and spent the past nine years in Police Service Area Nine, a housing police command in Flushing, "was apparently killed on impact," said Tom Magno, assistant chief of the Dix Hills Fire Department. The crash closed the eastbound lanes of the Northern State for several hours, officials said. Investigators said that Bowen was originally driving in the correct direction on the Northern State, but for some unknown reason made a U-turn and headed west in the eastbound lanes. Bowen was treated for minor injuries at Huntington Hospital after the crash and then taken into police custody. Bowen pleaded not guilty to charges of driving while intoxicated and was ordered held on $350,000 cash bail or $500,000 bond. A toxicology report on his blood-alcohol level was expected Tuesday. The deadly crash occurred just hours before Mothers Against Drunk Driving opened a memorial exhibition Monday at Roosevelt Field Mall honoring five New York-based police officers - including one from Nassau and one from Suffolk - who were casualties of suspected drunken drivers while on duty.
MI-expatriate
Tue, Nov 16, 2010 : 1:33 a.m.
If this man had simply been arrested for drunken driving, maybe a $5000 bail, but he killed a man! Sorry, your COPD does not excuse that, and certainly doesn't bring the dead man back. Condolences to the family.
Roadman
Mon, Nov 15, 2010 : 10:15 p.m.
There are no "county magistrates'. Magistrates are appointed under state law by the chief judge of the district court with the approval of city council. The work solely within the district court conducting criminal arraignments of felonies and misdemeanors and have other limited duties including presiding over marriages, hearing civil traffic infractions and small claims actions. They are "district court magistrates". Truesdell's bond conditions and amounts are consistent with what is seen locally. Some judicial officers can go overboard. Remember the college student that had been held on $250,000.00 bail for tossing an apple pie in Congressman Levin's face?
breadman
Mon, Nov 15, 2010 : 10:01 p.m.
OMJ! Just because he has COPD did not mean he could not smell the drinks to take a Life. I have COPD and I smell everything. I really feel for the family for the big lost. Condolences to Mr. DiNatale's Family.. God Bless
holly
Mon, Nov 15, 2010 : 9:46 p.m.
@Basic Bob Re: Cindy Sullivan The amount of bond does matter. The main point is that the "accused" is being charged with multiple counts, including taking a LIFE...and walk on after posting a mere $5K? Really? I don't think anyone with a half of brain thinks this as "punishment." But if Washtenaw County wants to make stricter laws against DRUNK DRIVING, then they should show they are serious. The bond should be ZERO, period. Go straight to jail. Criminals should not be able to post a minimal bond and and go home. his counts he'd go straight Exactly, SHAME ON Magistrate Truesdell.
tommy_t
Mon, Nov 15, 2010 : 9:46 p.m.
Holding him in jail would be very expensive for the county as he has medical issues. Cheaper this way. The application of justice is expensive.
SpartyInExile
Mon, Nov 15, 2010 : 9:46 p.m.
Why would he tell the magistrate he has COPD?
ViSHa
Mon, Nov 15, 2010 : 9:22 p.m.
did the drunk driver who killed the mother recently receive bail also or were the circumstances different?
Basic Bob
Mon, Nov 15, 2010 : 8:46 p.m.
@Cynthia Sullivan, Why does it matter how much the bond is? As long as he shows up at court, it is sufficient. Bail is not a punishment.
ViSHa
Mon, Nov 15, 2010 : 8:40 p.m.
totally agree with you rouzer. this is just like pouring salt on a wound. since there is no mention in the article, can we assume this is his first DWI?
Cynthia Sullivan
Mon, Nov 15, 2010 : 7:52 p.m.
I am appalled by Magistrate Truesdell's decision of a $5,000 bond. If Washtenaw County is so lenient and liberal on felonies, it frightens me as to what will occur at the hearing in the next couple of weeks. Total disregard for human life and Don DiNatale's loved ones, who have been going through hell since October 31. The "Super Drunk Law" went into effect that same day, for what that's worth. Shame on you, Mr. Magistrate!
Basic Bob
Mon, Nov 15, 2010 : 7:29 p.m.
@rouzer, Perhaps you will be reassured by the court's drug and alcohol testing. It's not an honor system. If he fails the test, his bail can be revoked.
rouzer
Mon, Nov 15, 2010 : 7:20 p.m.
"Truesdell set the bond with conditions, including that Bennett not drive or use drugs or alcohol" yeah, right. We can be assured by this flunky's good word that he won't be out driving drunk again. I'm very sorry for the victim's family.
TheGerman
Mon, Nov 15, 2010 : 6:44 p.m.
Why do some people feel like a drink is potentially worth 5 (or more) felonies? I hope this guy gets locked up for life. It is a known fact that you cannot drink and drive, and I have 0 sympathy for people like this.
Urban Sombrero
Mon, Nov 15, 2010 : 6:29 p.m.
Unbelievable. So, he's free to just go out and do it again, eh? My condolences to the family of Mr. DiNatale.
Matt Cooper
Mon, Nov 15, 2010 : 6:18 p.m.
Wow! Sad story all around. My condolences to Mr. DiNatale's family.