Man sentenced to 6 months in jail for drunken driving at time of fatal crash
The driver of a minivan that struck and killed an Ypsilanti Township man in August apologized to the man’s family and promised to never drink again at a tearful court hearing Monday.
Alan Robinson
Courtesy of WCSO
Alan Robinson, who was 38 at the time of the Aug. 25 accident, was sentenced to two years probation and six months in jail for two charges operating while intoxicated with occupants under the age of 16. Robinson was driving the minivan that struck and killed Gregory Andrews, 42, while he was crossing South Harris Road at Share Avenue.
Robinson said he hasn’t had a drink since the night of Andrews’ death, which was ruled an accident by investigators.
“I quit drinking that night and I promise not to drink any more,” he said.
Robinson was charged with two counts of operating while intoxicated with occupants under the age of 16 and one count of operating while intoxicated with the presence of a controlled substance. The latter charge was dropped, records show.
Washtenaw County Assistant Prosecutor Brenda Taylor said Robinson was not charged with operating while intoxicated causing death because Andrews was intoxicated at the time of the crash and a witness told police he stepped off the curb into the path of Robinson’s vehicle.
However, Monda Andrews said in court Monday she still doesn’t believe her brother walked into the street.
Through tears, Monda Andrews told Washtenaw County Trial Court Judge Darlene O’Brien one of the witnesses, who told police they saw Gregory Andrews walk off the curb, has retracted that statement. She said the experience of losing her brother has been overwhelming.
“I witnessed my brother laying there,” she said. “I witnessed Mr. Robinson and, after that, I went into a deep shock.”
Robinson told O’Brien he was under the influence but did not cause the crash.
At the time, investigators said it did not appear the driver of the minivan had a lot of time to brake before hitting Andrews.
O’Brien ruled Robinson must serve his six-month jail sentence on the weekends during the course of his probation. He will not be allowed to use or possess alcohol or other drugs, he must do 300 hours of community service and pay $2,687 in fines and costs.
Robinson will enter the Washtenaw County Jail every Friday at 6 p.m. and leave at 6 p.m. every Sunday until the jail sentence is complete.
Taylor argued Robinson should serve a stiffer penalty, such as serving a straight six-month jail sentence. She said a message needed to be sent.
“If he’s done it before, he can easily do it again,” Taylor said. “If it’s his first, it certainly won’t be his last.”
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
Sue
Thu, May 16, 2013 : 4:31 a.m.
From what I understand, there was one witness who claimed Gregory Andrews walked into oncoming traffic, but then she retracted that statement. So how does that still stand as the reason he was hit while the drunk driver who killed him gets off serving just 6 months of weekends? What about doing community service such as speaking to young people in schools about the dangers of being irresponsible and driving under the influence at least? Mr. Andrews' family deserves more than this out of our justice system.
ccsummer
Wed, May 15, 2013 : 5:39 p.m.
I don't understand people voting down reasonable comments. Drinking and driving is an extremely serious problem. I have to wonder if those voting down reasonable comments find nothing wrong with drinking and driving--perhaps even make a habit of it themselves. A car is a lethal weapon. People need to drive with all their senses alert. I sure don't want to face someone on the road who's been drinking.
ccsummer
Wed, May 15, 2013 : 5:26 p.m.
Most people involved in a fatal drunk-driving accident have been drinking and driving for quite awhile. And a whole lot of them have DUIs already. I'd like to know this guy's drinking and driving history and if he's had any DUIs.
Westfringe
Wed, May 15, 2013 : 4:20 p.m.
Driving drunk and KILLING another human being should land you more than 6 months in jail. Will we never get serious about drunk driving in this country?
you can't handle the truth
Wed, May 15, 2013 : 1:13 p.m.
Give the guy a DUI. Anything beyond that should be offset by the other person.
BHarding
Wed, May 15, 2013 : 1:03 p.m.
It seems that people haven't read this article very carefully. Often people, or cars, or bikes, get hit because there is NOT enough warning to swerve. If someone steps directly into the path of a moving vehicle even the most skilled driver can't react in time. That was what the Judge decided based on witness accounts.
Judy
Wed, May 15, 2013 : 12:26 p.m.
I do not care if Andrews stepped off the curb or not, if Robinson had not been driving this would of never happened. People who drink and drive should be charged to the max when causing injury and/or killing someone.
Judy
Wed, May 15, 2013 : 3:37 p.m.
riverguy, I was not talking about anyone but "this" drukn driver. I hope and pray none of your family or friends are injuried or killed by a drunk drive, I have!
riverguy
Wed, May 15, 2013 : 1:13 p.m.
There's no way you could possibly know that since you weren't there to witness what happened. You can't play judge and jury when you weren't there to witness how close the car was when he stepped out into the street. The result COULD have been the same even if the driver had been 100% sober.
James Socrates
Wed, May 15, 2013 : 3:15 a.m.
The logic behind this sentencing is that it considers that the result of the accident would likely have been the same were the driver sober. Its important to recognize that the charges in this case are reflective that the act of driving drunk was likely unrelated to the accident and fatality in question. I believe this is a just sentence. I pray that both families can recover. What a tragedy for all.
James Socrates
Thu, May 16, 2013 : 1:55 a.m.
Of course it does - It affects depth perception, reaction time, and ones general ability to make decisions. I think the victim's actions demonstrate this perhaps the affect alcohol can have even more so then the driver. It would be quite clear from any post investigation whether the driver went off the road, tried to swerve, the speed he was traveling etc.- all of which I believed showed his driving was not the cause of the accident.
ccsummer
Wed, May 15, 2013 : 5:29 p.m.
Perhaps you need to investigate how just one drink lowers a driver's response time.
blinktwice
Wed, May 15, 2013 : 2:18 a.m.
My son got 3 1/2 years in prison for just being there where someone else did the robbery wow we the people need to stand up for this justice system we got and get reid of some of these old judges and people that get paid under the table to let the real criminal go.
Dirty Mouth
Wed, May 15, 2013 : 1:50 a.m.
So, what we're y'all celebrating?
Elaine F. Owsley
Tue, May 14, 2013 : 10:04 p.m.
Six months!!!!! You can get a longer sentence for cruelty to animals.
grovestresident
Tue, May 14, 2013 : 8:44 p.m.
I cannot believe that this guy only got 6 months in jail. He killed a man. I know many women sitting at Womens Huron Valley in Ypsi that are doing a minimum of 7 for drunk driving and killing someone. I, myself, served 2 years for a 3rd drunk driving. I was never involved in an accident or killed anyone but this guy gets off doing weekends and community server. Get real. If there should ever be a recall of a judge it should be this one! Murder is Murder, it doesn't matter if it is done with a gun or a car!!!! This sentence is an outrage and an invitation to let everyone drink, drive and kill. Why not, it's only 6 months of your life and you can even do it on the weekend plus he will probably get time knocked off for good behavior.
Gorc
Tue, May 14, 2013 : 10:38 p.m.
Help us understand how you didn't learn your lesson after your first conviction.
Elouise
Tue, May 14, 2013 : 8:27 p.m.
So last week we gave 30+ years to a man who burned a child with scalding hot water, (torture, or whatever), but give only half a year to a man WHO TOOK A LIFE? You can't honestly say it was truly an accident. What, did the liquor bottle just happen to fall into his mouth while behind the wheel? This guy CHOSE to drink and then get behind the wheel of a vehicle... Does anyone else see something wrong here?
Richard Carter
Wed, May 15, 2013 : 2:36 a.m.
He's guilty of drunk driving, not of murder. Seems like a few months in jail is reasonable and what he's getting.
Elouise
Wed, May 15, 2013 : 12:43 a.m.
So since the victim was responsible enough to not drink and drive that makes Mr. Robinson's irresponsibility excusable? He should have been home drinking or walking himself, not driving.
chibimike
Tue, May 14, 2013 : 8:57 p.m.
He did not TAKE A LIFE. The victim's life was lost when he drunkenly stepped into oncoming traffic without looking. It is pretty clearly stated in the article.
ChelseaBob
Tue, May 14, 2013 : 7:32 p.m.
Very sad for all the parties. They all need our prayers.
nickcarraweigh
Tue, May 14, 2013 : 7:14 p.m.
So if the Prosecutor believes "if it's his first, it certainly won't be his last" let's just preemptively sentence everyone convicted of every crime to life imprisonment. It's the only fair way.
ccsummer
Wed, May 15, 2013 : 5:34 p.m.
All the research indicates that most people who drink and drive do it fairly consistently. I doubt very much this was his first time getting behind the wheel drunk, and I can only hope it will be his last, but with such a "nothing" sentence, I truly doubt it.
Laurie Barrett
Tue, May 14, 2013 : 6:48 p.m.
Whether you kill someone or just go home nice and safe, driving intoxicated should be a serious crime.
realdmt
Tue, May 14, 2013 : 5:09 p.m.
I am ok with this. While drunk driving is certainly never excusable, it is important to realize that that such intoxication is not always the cause of an eventual accident. It seems as if this was the question here, and the sentence took that question into account. That the same result could have happened had Robinson been completely sober at the time of the incident had to be a factor, and it was.
treetowncartel
Tue, May 14, 2013 : 6:48 p.m.
You both got it right, and a thumbs up.
Billy
Tue, May 14, 2013 : 5:36 p.m.
This is the correct assessment here. He's being charged for the crime he committed...which was driving while intoxicated. There was no crime committed in the death because according to WITNESSES, Andrews was intoxicated and stepped into the path of the vehicle without giving him time to stop. Neither Robinson nor his intoxication can be blamed for the vehicle-pedestrian collision.
yesisaidit
Tue, May 14, 2013 : 5:07 p.m.
I am confused he was driving drunk killed a man and only got 6 months of jail time?
Cameron McLain
Wed, May 15, 2013 : 2:31 p.m.
Hes going to jail for 6 months. Yes he deserved a DUI, but how can anyone blame him for the action of a drunk man? Is there some confusion if the driver was on the road or sidewalk? I think it was a fair call by the Judge. The mans probably scared for life
Matt Cooper
Tue, May 14, 2013 : 6:50 p.m.
It certainly is illegal to drink and drive, but as to the death of Mr. Andrews, you also have to look at who actually caused his death. Apparantly the judge felt that Mr. Andrews being drunk and stepping in front of Mr. Robinson's car was a serious factor in Andrews death which mitigated Mr. Robinson's responsibility. Considering the totality of the circumstances, I feel this is a just sentence, and my prayers go out to Mr. Andrews family as well as to Mr. Robinson and his family. May he find the strength and humility to keep his promise to not drink any more.
yesisaidit
Tue, May 14, 2013 : 5:32 p.m.
But still 6 months? for killing someone sorry it is Illegal to drink and drive! What are we showing are youth as long as the person walking is drunk when you hit them its ok to drink and drive.. sorry I dont agree
a2roots
Tue, May 14, 2013 : 5:13 p.m.
Read the story...the guy walked off the curb into the path of the vehicle. Drunk or sober the result would be the same.
Paul
Tue, May 14, 2013 : 5:11 p.m.
Yeah but the other guy was also drunk and step out on to the street by mistake. Still, if the driver was sober he might have not hit him. One dude gets 90 years for raping his gf and other dude kills a person and gets 6 months...can be confusing at times how the law works.
Kyle Feldscher
Tue, May 14, 2013 : 4:59 p.m.
For those wondering about the aspect of Mr. Robinson serving his jail time on the weekends: This is a relatively common occurrence for crimes that require months of jail time and not more than a year. It happens often in cases we do not cover.
Linda Peck
Tue, May 14, 2013 : 4:56 p.m.
What a tragic occurrence for all. Judge O'Brien has made a good and just sentence. I pray all will heal.
Bertha Venation
Tue, May 14, 2013 : 4:52 p.m.
This....is....an.... outrage.
Judy
Wed, May 15, 2013 : 12:24 p.m.
I also agree! I do not care if Andrews stepped off the curb or not, if Robinson had not been driving this would of never happened. People who drink and drive should be charged to the max when causing injury and/or killing someone.
mady
Tue, May 14, 2013 : 9:39 p.m.
Totally agree!!!