Fatal DUI crash nets two-year sentence

COEUR d'ALENE - A drunk driver who killed a 10-year-old boy and seriously injured his brother and mother in May could be released from prison as soon as a year from the first anniversary of the accident.

Ryan Jabaay, 33, of Cocolalla, was given a two-year fixed sentence for felony vehicular manslaughter of Sawyer Frisbie by Judge Charles Hosack, after nearly two hours of testimony from his family and that of the victims urging forgiveness and leniency.

"We experienced the worst tragedy we ever had to go through," said Kaye Frisbie, 44, who suffered head and rib injuries when the Mazda 323 she drove off the Interstate 90 offramp on Fourth Street was broadsided by Jabaay's Ford pickup late on the night of May 26. Her other son,  Christian Frisbie, was also seriously injured.

Now 13, Christian is still recovering from injuries to his legs and pelvis, and all members of the family will bear emotional scars for the rest of their lives, Kaye said. But she urged Hosack to send Jabaay into a treatment program.

"I do forgive you, Ryan," she said. "I hope you can someday learn to help others."

Pastor Tim Remington said the 90-day inpatient program would be followed by training so Jabaay could become an adviser to others with substance abuse problems.

Queried by prosecutor Marty Rapp about the nature of the program, Remington called it "solid faith-based" that requires no lockdown of participants.

The courtroom filled with about 40 friends and family members, and several testified that Jabaay had become a changed man since the accident.

Jabaay's sister, Tricia Curtis, said he has promised to never again consume alcohol.

"He realizes drinking and driving is a terrible thing to do," she said.

Jabaay's blood alcohol level was .30, nearly four times the legal limit.

"This was a tragic accident," said Patrick Frisbie, Sawyer's father. "I lost my son. Mr. Jabaay, you have lost your freedom. I don't want to see you punish yourself forever. You are not a bad person, but someone who has done a bad thing and I forgive you."

Testimony indicated Jabaay had been drinking for two days before he ran the red light while northbound on Fourth Street at high speed and broadsided the Frisbie car, then attempted to flee.

Idaho State Police Cpl. Charles Greear, who documented the crime scene, said he and other police and emergency personnel who responded to the scene saw one of the worst accidents in their careers and all attended counseling sessions later.

"It impacted us all greatly," he said. "It was a traumatizing crash for us."

Hosack sentenced Jabaay to a two-year fixed sentence for the manslaughter conviction, with credit for time served, plus five years indeterminate time. On a second conviction for aggravated driving under the influence, a five-year indeterminate sentence was set to run consecutively with the first sentence, for a total maximum of 12 years.

Jabaay's driving privileges will also be revoked for one year after his release, and he was ordered to pay restitution of about $15,000 plus court costs. Hosack will retain jurisdiction for the remainder of the term.

"It is up to you to show the Department of Corrections you deserve to do other things," he said.

Jabaay made no plea for himself during the sentencing hearing, and members of his family declined comment following Hosack's decision.

"I think it's fair," said Karen Frisbie, grandmother of the children. "He didn't do it intentionally. He's a young man. Things happen."