Miller sentenced in fatal DUI crash
KEITH KINNAIRD
News editor
Given 3-5 years, but jurisdiction is retained
SANDPOINT — A Spirit Lake man escaped the maximum sentence Thursday for accidentally killing his fiance in a drunken-driving crash in Vay last year.
Gregg James Miller closed his eyes and swallowed hard just before District Judge Steve Verby sentenced him to serve up to five years in prison for causing the death of 24-year-old Tessa Ann Morrison.
Charged with felony vehicular manslaughter, Miller faced up to 10 years in prison.
The sentence calls for Miller to serve no less than three years and no more than five years. However, Verby retained jurisdiction, which means Miller could be placed on probation after serving six months at the North Idaho Correctional Institution in Cottonwood.
Verby rejected a defense request to issue a withheld judgment, which would have cleared the charge from Miller's record upon successful completion of probation. Verby also discarded a stipulation in a plea agreement for Miller to serve a six-month concurrent sentence for driving without privileges at the time of the wreck.
Verby ordered Miller to serve that sentence after fulfilling the first one. Verby further advised Miller he might face an additional year of discretionary local jail time, depending on how he does at Cottonwood.
At the very least, Miller could serve as little as one year behind bars.
Miller, 27, was charged in connection with a Sept. 18, 2003, crash on Clagstone Road. Idaho State Police say Miller driving southbound when he lost control and rolled the Subaru Legacy he was driving.
Morrison, a mother of three, was partially ejected and suffered fatal injuries. Miller's blood alcohol level was later tested at 0.15, nearly twice the legal limit of 0.08.
Morrison's mother, Karen Sand, urged the court Thursday to hold Miller accountable for the death of her daughter. She accused Miller of keeping her from seeing her grandchildren and lying about being drunk at the time of the crash.
In an emotion-choked voice, Sand read a statement recalling her late daughter's personality and her anguish as a mother.
"Watching Tessa grow up and become a very beautiful person and loving mother to her children blessed my soul. Tessa's free spirit, caring way and loving heart are just memories now," she said. "The grief and crying just keep echoing from my heart."
Miller's court-appointed defense counsel, Hugh Nisbet, pointed out Miller accepted responsibility for his actions by pleading guilty. He has also taken on the role of a single parent.
"Greg is a young man who has accepted great responsibility," said Nisbet.
Deputy Prosecutor Roger Hanlon portrayed Miller as somebody who has run afoul of the law numerous times for driving, drinking and drug violations, and failed to seize opportunities to get back on the right track.
"He has chosen not to do that and because of those choices, Tessa Morrison is gone," said Hanlon, who ardently opposed even the suggestion of a withheld judgment.
Verby seemed to agree, noting that Miller appeared to treat his troubles as a "minor speed bump in the road of life."
When asked if he wished to make a statement, Miller turned to Morrison's family in the gallery and apologized for his actions. He then threw himself on the mercy of the court.
"Whatever you give me is a small price to pay for the life of a young girl," he said.
After the hearing, Morrison's stepfather, Ken Sands, expressed dissatisfaction with the sentence. He said the maximum allowable punishment would have been more appropriate.