Revisiting harsh sentence in fatal DUI closely watched

Mark Spitzer has a gut-wrenching perspective on the decision by a Sonoma County judge to reconsider the 12-year prison sentence for Dylan Morse, a Central Valley teenager convicted of a fatal drunken driving accident.

His son, Ryne Spitzer, 19, was sitting in the passenger seat when Morse raced through a red light on Stony Point Road after a night of drinking, hitting a car broadside and killing its 22-year-old driver.

Today, Ryne lies in a bed in the Spitzer home, motionless and in a coma. His father believes that as part of a fitting punishment, Morse should be made to care for his brain-damaged son.

But like many in the town of Merced who knew Dylan Morse when he was growing up and who know his father, who is district attorney, Spitzer believes 12 years in prison is excessive for a remorseful college student without a prior record.

“There just doesn't seem to be any balance or reason in dolling out these punishments,” said Spitzer, a physician. “To throw Dylan under the bus and create one more victim, I don't think that helps society, that's for sure."

Even the father of Alex Ruiz, a Calistoga native who died in the accident, believes that a sentence shorter than the 12 years handed down by Judge Ken Gnoss would be appropriate.

The case is highly unusual both because the sentence is one of the harshest ever imposed in Sonoma County for a drunken-driving fatality, and because Gnoss has announced he is going to reconsider the sentence.

It also is being closely watched by advocates for the victims of drunken driving who believe that a strong message needs to be sent that punishment will be severe, especially for someone like Morse who had a history of drinking and who had obtained alcohol that night with a fake driver's license.

“Generally, the population is sick and tired of drunken drivers and what they do to people,” said Lynn Darst of Windsor, an advocate with Mothers Against Drunk Driving.

“As with this case, there should be total outrage. It is 100 percent preventable.”

Morse, 19, who instead of beginning college classes this fall started serving his time at Pleasant Valley State Prison near Coalinga, has been returned to the Sonoma County Jail.

He will be in court Wednesday to learn more about his fate.

Gnoss is expected to set a new sentencing date and spend the coming weeks poring over supplemental reports from the state Department of Corrections and other correspondence that could affect his decision.

Term can't be extended

Under sentence “recall” laws, the judge could decide to uphold the 12-year, 4-month penalty or reduce it all the way down to county jail time or probation, but he cannot issue Morse a longer prison term. Morse faced a maximum of 15 years at his July sentencing.

His attorney, Chris Andrian, said Morse's chances of getting off with probation are slim, but he is optimistic the judge could come up with a lighter punishment that provides a sense of justice while allowing Morse to lead a productive life.

Morse got 16 months for the DUI, five years for Spitzer's injury, three years for Ruiz's death and another three years for an injury to Ruiz's passenger, Vanessa King, 25, all to be served consecutively.

It was one of the toughest sentences leveled in a fatal DUI in Sonoma County in a decade. Andrian said he expects the judge to consider any disparity with similar cases across the state.

“I can't expect it to go 180 degrees,” Andrian said. “That would be unrealistic. What I want to do is present the judge with options he feels address the things he's concerned about, such as maintaining a deterrent, make all the victims feel they got justice and allow Dylan to lead a productive life and learn something.”

Conflicting opinions

The victims' families each said they would be open to a reduction but differed on the amount of the change. Advocates for stronger drunken-driving laws believed the sentence should stand.

Ruiz's father, Michael Ruiz, a Calistoga home builder, had initially asked in a pre-sentencing letter that Morse serve 7½ years but did not object when the judge handed down a tougher sentence. More recently, he indicated he would accept a lesser sentence if the judge saw fit.

Although friends have contacted him about lobbying the judge to maintain the sentence, he said he would not get involved in the decision-making process this time.

“If the judge were to, in principle, lower this a couple years, it would turn out exactly where I was recommending,” Ruiz said. “I don't have disagreement with that.”

Spitzer's father said Morse made a “stupid mistake,” but called 12 years in prison too much.

Spitzer said Morse wrote a letter to his son from prison about an inmate who was serving only six years for gunning down two people.

“When you see something out of sync, it's easy to identify,” Spitzer said. “To me, the sentence is not in line with the crime.”

“Prayers answered”

Friends in Merced agreed the son of Merced County District Attorney Larry Morse should be punished, but not to the extent that he was. Carla Kelley, whose kids attended school with Morse, said a wave of relief came over the town when the judge announced he would give the sentence a second look.

“People felt like their prayers were answered,” said Kelley, who was outraged at the initial sentencing. “My heart cannot break enough for the Ruiz family, but I'm trying to think about Dylan now and how he can still have a life.”

Some critics feared Gnoss, a former prosecutor, might be buckling under pressure from the people of Merced County and their top prosecutor. Darst said people are upset about the prospect of a reduced sentence and will write to the judge and appear at hearings to protest.

Andrian said the Larry Morse has made a point of staying neutral. Morse said he would not make a public comment on the case.

Morse, a student at Cabrillo College in Santa Cruz County, was visiting Spitzer, a Sonoma State University student, when they went to a Friday night fraternity party last February.

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. 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 at 2:20 a.m. on Feb. 14, smashing into Ruiz's car.

Ruiz died at the scene and Spitzer suffered brain and spinal cord injuries. He is at home after being discharged from a specialized care facility.

“Aware” of dangers

Morse's sentence followed the recommendation of the county probation department, which said that he was “well aware” of the dangers of driving while intoxicated.

Morse participated in his high school's “Every 15 Minutes” anti-drunken-driving presentation and had driven Spitzer, who had his own DUI arrest several months prior, to a court-mandated class the day before the fatal crash.

The probation report said Morse was no stranger to illicit drugs. It said he first smoked marijuana in ninth grade and used psilocybin mushrooms, cocaine and Ecstacy. In college, he partied every weekend, suffering alcohol blackouts a few times, the report said. He was drinking twice a week during the 2008 winter break shortly before the crash, it said.

Sonoma County 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, he flouted half a dozen laws and endangered several people's lives, Waner said.

Strong message

Before a courtroom packed with about 80 onlookers, Gnoss said at the sentencing he wanted to send a strong message to the community that “we will not tolerate, we will not accept, this type of crime.”

Morse must serve 85 percent of the sentence, or about 10½ years, before becoming eligible for release.

Andrian, Morse's attorney, called the sentence “grossly unfair and unjust.” Morse's father, whose official Web site touts recent tough sentencing, left the courtroom choking back tears.

Sonoma County District Attorney Stephan Passalacqua has since said his office would await further proceedings before taking a position on the sentence.

“It's pretty clear in drunken-driving cases, and this is no exception, that dreams are broken and lives are shattered,” Passalacqua said. “This is a sad case all around.”

Daniel Hanlon of Santa Rosa, a retired San Francisco and state appeals court judge, said Gnoss may have received new information or evidence that has come to light since sentencing.

Sentence reconsiderations are rare, Hanlon said, and it is unlikely the judge would be swayed by community sentiment alone, although he said statements of contrition or findings about a defendant's chances of rehabilitation could be influential.

“It's a stiff sentence, that's for sure," said Hanlon, who in 28 years on the bench never had a similar recall. “It's going to get people's attention. Whether it's appropriate, I can't say.”

You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com.