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Sentencing delay in manslaughter case

by Keith KINNAIRD<br
| July 21, 2009 9:00 PM

SANDPOINT — A sentencing hearing has been postponed for a Washington state man who pleaded guilty to causing a deadly head-on crash last year.

William David Deardorff’s sentencing had been set for Wednesday, but it has been pushed back to Sept. 8.

Chief Deputy Public Defender Janet Whitney moved for the continuance so a mitigation specialist can be retained by the defense in preparation for Deardorff’s hearing. Bonner County Deputy Prosecutor Roger Hanlon did not object to the postponement, court records indicate.

The defense aims to contract with Cross-Border Capital Mitigation, a company which specializes in mitigation evidence for trials and post-conviction proceedings. The company’s casework in Idaho includes a number of capital cases in Payette, Ada and Canyon counties.

Idaho judges factor in both aggravating and mitigating circumstances when weighing a defendant’s sentence.

Deardorff, 53, of Spokane, faces up to 30 years in prison. The state and the defense have agreed to recommend concurrent eight- to 15-year sentences for vehicular manslaughter and aggravated drunken driving.

The court, however, is not required to adopt the recommended sentence.

Deardorff was charged following a Dec. 3, 2008, crash on U.S. Highway 95 in Careywood. Idaho State Police said Deardorff was driving south in a Chevrolet pickup truck when he drifted into oncoming traffic and crashed into a Jeep Cherokee.

Kimberlee R. Dingman, 44, was a front-seat passenger in the Jeep sport utility vehicle and suffered fatal injuries. The Jeep’s driver, 31-year-old Crystal Bertolucci, was seriously injured.

Deardorff was also injured. His blood-alcohol level was measured at 0.12, well over the legal limit of 0.08, according to court documents.