Son of Merced County DA gets 12 years in fatal DUI case
Published: Wednesday, July 15, 2009 at 4:49 p.m.
Last Modified: Wednesday, July 15, 2009 at 4:49 p.m.
The teenage son of Merced County’s chief prosecutor was sentenced Wednesday to more than 12 years in prison for a fatal drunken driving crash, a sentence that devastated his family and shocked even relatives of the victims who had sought a sentence of only half that.
In a courtroom packed with about 80 onlookers, Sonoma County Judge Ken Gnoss told 18-year-old Dylan Morse that his deadly behavior was inexcusable.
“This sentence needs to send a strong message to the community that we will not tolerate, we will not accept, this kind of crime,” Gnoss said, as Morse sat quietly before him at a large wooden desk.
In May, Morse pleaded guilty to a DUI crash in February that killed Alex Ruiz, 22, injured Ruiz’s passenger, Vanessa King, 25, both of Oakland, and left Morse’s best friend, Ryne Spitzer, 19, with potential lifelong disabilities.
Morse, a student in Santa Cruz County, was visiting Spitzer, a Sonoma State University student, when they went to a fraternity party on Feb. 14. After the police broke up the party, Morse used a fake ID to buy beer at a Safeway store before the pair got into Morse’s car.
Morse had a blood-alcohol level of at least 0.15 percent, nearly twice the legal limit for an adult, and had marijuana in his system when he ran a red light at Stony Point Road and Highway 116, where he struck Ruiz’s car.
Morse is the son of Larry Morse, the District Attorney in Merced County in central California.
He faced a punishment between probation and 15 years in prison. Defendants in similar drunken driving fatalities in Sonoma County have received sentences of county jail time or a few years in prison.
More than a dozen members of Ruiz’s family wore T-shirts emblazoned with his photo, stocking-capped and smiling, his chin resting on his hand.
Ruiz’s family asked Gnoss to send Morse to prison, but for a middle range sentence of about seven years. They sought “healing and transformation” instead of retribution.
Spitzer’s family, too, said a lengthy prison sentence would do more damage than good.
“The only person without compassion in that courtroom was the judge. He had none,” said Morse’s attorney, Chris Andrian, as tearful Morse and Spitzer family members sat, stunned, outside the courtroom after Morse was led away in handcuffs.
Michael Ruiz said that because Morse took Alex’s life, he owes a lifetime of atonement. He told Morse he must fill the void left by his son’s death.
“There’s a slack that you need to take up now,” he said, speaking directly to Morse, who sniffled through much of the testimony Wednesday. “That’s your responsibility in life.”
Ruiz’s mother, Lydia, told Gnoss she hoped Morse’s sentence will spark dinner conversations between parents and teens about underage drinking and drunken driving. She described her son as her little “papalote,” a type of Mexican kite.
“I believe prison would give Dylan time to reflect and plan his corrective action for his, hopefully, long life,” she said.
Mark Spitzer said Gnoss had two options for Morse’s punishment, one destructive and another productive.
“An extended prison term seems completely unreasonable,” he said.
Spitzer remains in a specialized care facility for those with traumatic brain and spinal cord injuries and the extent of any permanent damage remains unknown.
Prosecutor Bob Waner urged Gnoss to impose a 12-year, four-month term, allowing some credit for Morse’s age and lack of criminal record.
Morse knew his actions were wrong, but through youthful arrogance and acting with abandon, Waner said, he flouted half a dozen laws and endangered several people’s lives.
Importantly, he said, was the fact that Morse had driven Spitzer to Spitzer’s DUI class the very day of the fatal crash. In his alcohol-related arrest, Spitzer was treated leniently, given a small fine and some classes, Waner said.
“That utterly failed Ryne and utterly failed Dylan,” he said, “and contributed to why we’re here today.” Gnoss agreed, saying Morse had several opportunities to check his behavior before it became lethal.
“No matter what the sentence, I hope it doesn’t come close to the sentence you should be imposing on yourself for the rest of your life,” he said.
As Gnoss itemized Morse’s prison sentence – 16 months for the DUI, five years for Spitzer’s injury, three years for King’s injury and three years for Ruiz’s death, all consecutive – several members of Morse’s family burst into tears, clutching tissues to their faces.
When Gnoss began enumerating a sentence for the vehicular manslaughter charge – another 12 years and four months – Morse’s emotional parents quickly left the courtroom. They didn’t hear Gnoss stay the manslaughter sentence and another 12 years for a second DUI charge.
Cindy Morse returned a few minutes later and stood against a wall in the courtroom as Gnoss finished the hearing.
Both Morse parents declined to speak afterward, Larry Morse leaving the courthouse unsuccessfully choking back tears. Cindy Morse remained outside the courtroom door, being consoled by several friends, including the Spitzers.
Dylan Morse must serve 85 percent, or about 10.5 years, before becoming eligible for release.
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