Judge to reconsider tough sentence in fatal DUI

<p><WC1>A Sonoma County judge on Wednesday said he will reconsider <WC>the<WC1> 12-year prison sentence <WC>he imposed on a<WC1> 19-year-old <WC>student <WC1>convicted in a fatal drunken driving crash <WC>in February<WC1>.</p><p><WC>Many critics have claimed the punishment<WC1> <WC>wa<WC1>s too harsh<WC>.</p><p><WC1>Acting on his own motion, Judge Ken Gnoss <WC>“<WC1>recalled<WC>”<WC1> the sentence he <WC>gave to<WC1> Dylan Morse, <WC>the <WC1>son of <WC>the <WC1>Merced County District Attorney<WC>. Morse was <WC1>the driver in a Valentine<WC>'<WC1>s Day collision<WC> west of Cotati<WC1> that killed Berkeley art student and musician Alex Ruiz, 22, left Ryne Spitzer, 19, with potential lifelong disabilities and injured Ruiz's passenger, Vanessa King, 25.</p><p>Morse pleaded guilty to vehicular manslaughter and two other felonies including drunken driving and was sentenced July 15. </p><p>Sentence recall motions from Sonoma County judges are rare. In 2002, Judge Elliot Daum cut the five-year sentence of a Monte Rio man accused of stabbing his boyfriend to three years because the man had AIDS and was not getting sufficient medical treatment in prison.</p><p>Under the law, Gnoss <WC>is allowed<WC1> 120 days to reconsider. He set a hearing for Nov. 4 and ordered Morse, now at Pleasant Valley State Prison, to be brought to Sonoma County for the proceedings. </p><p>Actual sentencing will occur at a later date. </p><p>Morse's attorney, Chris Andrian, said Gnoss may choose to uphold the prison term or hand down a lighter sentence but he cannot <WC>impose<WC1> a stiffer sentence.</p><p>“He's obviously had second thoughts,” Andrian said outside the courthouse Wednesday morning. “I appreciate the fact that he's willing to take a second look. It's the right thing to do.” Gnoss declined through a judicial assistant to comment on his motion.<WC></p><p><WC1>Prosecutors said they would review court materials including family statements and probation reports before deciding whether to object.<WC> <WC1>“We're not taking a position at this point,” Assistant District Attorney Christine Cook said.</p><p>Meanwhile, the Ruiz family and victims' advocates who appeared in court Wednesday said they were disappointed at the possibility of a reduced sentence.</p><p>Michael Ruiz, Alex Ruiz's father, said the 12-year, 4-month prison term was a “strong and appropriate” statement that followed sentencing guidelines called for in the law. </p><p>Ruiz said it only appears harsh because other judges have chosen to greatly reduce penalties. But he said public sentiment about fatal drunken driving crashes is turning and the original sentence reflects that shift.</p><p>“The sentence was not out of bounds by any stretch of the imagination,” said Ruiz, a Calistoga home builder. “It's disappointing to hear he is reconsidering.” <WC></p><p><WC1>Lynn Darst of Windsor, an advocate with Mothers Against Drunk Driving, said she feared Gnoss was being swayed by letters and other correspondence sent by Morse's friends and family in Merced County, where Morse's father, Larry Morse, is district attorney.</p><p>A number of letters appeared in The Press Democrat and others were written directly to the judge, she said.</p><p>Darst said it was unfortunate Merced County residents didn't express the same level of concern for Morse's drinking before the deadly accident occurred and <WC>she <WC1>called on Gnoss to uphold the 12 years.</p><p>“It's heartbreaking,” Darst said. “The judge should follow his original sentencing.” <WC></p><p><WC1>Larry Morse did not return a call to his office Wednesday seeking comment but issued a brief statement through his secretary, Angie Martin: “My wife and I continue to grieve for the families involved in this tragedy and as parents, we worry constantly about our son's safety in state prison. Beyond that, it would be inappropriate for me to comment and I must continue to accept whatever the people of Sonoma County believe is justice in this case.” <WC></p><p><WC1>Andrian said the Central Valley prosecutor and his family have refrained from getting personally involved in the case.<WC> <WC1>“I don't think there has been any pressure from the kid's father,” Andrian said. “They've done a good job of staying out of it.” <WC></p><p><WC1>Dylan Morse, a student in Santa Cruz County, was visiting Spitzer, a Sonoma State University student, when they went to a fraternity party Feb. 14. </p><p>After 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<WC>.<WC1> Morse had a blood-alcohol level of at least 0.15 percent, nearly twice the legal limit for an adult driver, 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.</p><p>Ruiz died at the scene and Spitzer suffered brain and spinal cord injuries. He is in a specialized care facility.</p><p>Morse faced punishment <WC>ranging from <WC1>probation <WC>to<WC1> 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.</p><p>But in <WC>a<WC1> sentencing <WC>that <WC1>Gnoss said “sends a strong message to the community,” he gave Morse 16 months for the DUI, five years for Spitzer<WC>'<WC1>s injury, three years for King<WC>'<WC1>s injury and three years for Ruiz<WC>'<WC1>s death, all <WC>to be served <WC1>consecutive<WC>ly<WC1>.</p><p>Andrian said<WC> it is likely that<WC1> Gnoss will review similar cases for sentencing disparities and consider letters and e-mails from the public.<WC> <WC1>He may also consider the fact that it is Morse's first conviction and <WC>weigh <WC1>his potential for rehabilitation, Andrian said.</p><p>“He's a young kid,” Andrian said.</p>