A repeat drunken driver has been sentenced to 18 years to life in prison for an alcohol-fueled collision that killed a 76-year-old woman walking with her blind grandson who were headed to Fourth of July fireworks in San Clemente.
Kelly Michele Wolfe, 47, of Dana Point was convicted Sept. 28 of second-degree murder, driving under the influence of alcohol and driving with a blood-alcohol level more than the legal limit of .08 percent or more causing injury, all felonies. She also was convicted of driving without a license, a misdemeanor.
Orange County Superior Court Judge Gary Paer said he hoped the defendant’s punishment would “send a message” about the dangers of drunken driving and disregarding legal warnings of the consequences if a driver gets involved in a fatal accident.
Wolfe ran over Marthann Demchuk of Monrovia July 4, 2013. Demchuk’s then- 12-year-old grandson, Mason Fessenden, was also injured in the collision.
Wolfe tearfully apologized to the victim’s family.
“I have been so sorry for what happened every day since then,” Wolfe said. “It’s something that will always be a part of my being… The remorse I have is a sentence I will live with every day of my life. I pray every night God gives your family the comfort that only he can.”
The apology resonated with Demchuk’s family, who griped during the hearing that they didn’t see any signs of remorse from the defendant during the trial. Her attorney, Louis Pilato, argued again Friday that there was no evidence his client was drunk at the time of the collision and that she should have been charged with manslaughter.
After the hearing, Wolfe’s family members approached Demchuk’s family and offered tearful apologies, brushing aside the “politics of the courtroom.” A son and daughter of Demchuk’s hugged Wolfe’s daughter and other family members, who assured the victim’s relatives that the defendant was indeed penitent.
“I did appreciate what she said,” Demchuk’s son, Mike, told City News Service. “I did feel a bit of remorse (from her)… I was hoping to hear something like that from her.”
Demchuk’s daughter, Martha Fessenden, said she hugged Wolfe’s family members because, “It’s what my mother would have wanted.”
Mason Fessenden told Paer, “I miss my grandmother a lot… I’ve never felt this way in my life before… My grandmother was a great woman and we did fun things together and everything. Eventually I’ll be able to see her in heaven and I’ll be able to have sight.”
Mason’s mother, Martha, said her son and mother were “best friends.”
Demchuk’s family said they haven’t been back to the mobile park home in San Clemente where they would vacation because it brings back nightmarish memories of the collision.
Demchuk’s death “has left a gaping hole in my life,” the victim’s son, Matthew Demchuk, said.
“My mom was someone that I would l ikely talk to at least three to four ties a week, and it was very typical of me to call her while driving from the airport to home, a trip that would normally take 1 1/2 hours,” Matthew Demchuk said.
Paer brushed aside Pilato’s criticism as “a little bit ludicrous” of a ruling that disallowed jurors from hearing about a police officer’s recommendation that Wolfe should be charged with manslaughter. Senior Deputy District Attorney Jennifer Walker said that at the time of the collision authorities did not know about the defendant’s prior DUI conviction.
“The defendant did receive a fair trial,” Paer said.
As far as disallowing the officer’s opinion as evidence, Paer said it was a “no brainer,” and added, “This is like law school. An officer’s opinion is totally irrelevant.”
The judge said there would be no way to introduce the evidence into trial fairly in any event.
Wolfe faced the upgraded charge of second-degree murder because she was convicted of drunken driving in Nevada in 1994, and in 2008, when applying for a new driver’s license, was warned that she could be charged with murder if she was involved in a deadly DUI accident, Walker said.
The victim was walking in a bike lane on El Camino Real just south of Camino Capistrano with Mason about 8:30 p.m. when she was struck by the van, Walker said. The boy suffered minor injuries in the collision, the prosecutor said.
Demchuk’s family had a home at the time in the Palm Beach Park neighborhood of the city, where they enjoyed staying weekends during the summer, Walker said.
After the victim was struck by the van, the driver kept going and turned right at the next traffic light, Walker said. Witnesses saw the driver get out and go into a residence nearby, she said.
When police questioned Wolfe, she had glass in her hair, and her purse and the van’s mirror was found at the scene of the collision, Walker said.
A woman who was waiting by the roadside in her wheelchair to watch the fireworks show told investigators she thought the vehicle was going to hit her, Walker said, then “heard a thud and saw her husband running to help.”
A bartender at Knuckleheads, a sports bar in San Clemente, told investigators that the defendant was drinking right before the collision, Walker said.
Pilato argued his client had a “shot and a beer” at the bar and “seemed fine.” When Wolfe got home she was in shock from the accident and she started “guzzling” to calm her nerves, which explains why her blood-alcohol level was about .31 when police tested her, Pilato said.
The defense attorney noted it was getting dark at the time of the collision, and the victim and her grandson were crossing the road in a spot where there was no crosswalk. The speed limit, he said, was 50 mph.
— City News Service