Dylan Morse resentencing set for Dec. 2

A Central Valley teenager convicted of killing a man and severely injuring another in a fatal drunken driving crash that would send him to state prison for more than a decade will learn next month whether the judge will reduce what is one of Sonoma County's harshest fatal DUI sentences.

Dylan Morse, the 19-year-old son of the Merced County district attorney, was in court Wednesday before Judge Ken Gnoss, who last month announced he was reconsidering the 12-year sentence he handed down in July that shocked even relatives of the victims.

Speaking in a nearly packed courtroom that included Morse's family and the parents of one of the victims, Calistoga native Alex Ruiz, 22, who died in the crash, Gnoss said he would consider letters received since the sentencing and other materials submitted by both attorneys before issuing a ruling at a hearing Dec. 2.

Gnoss could uphold the 12-year, four-month term or he could lessen it all the way down to probation and county jail. He cannot give Morse a tougher sentence.

The former college student, who this fall began serving his time at Pleasant Valley prison near Coalinga, listened intently as he sat next to his attorney dressed in a blue jail uniform while Gnoss explained the proceedings.

Morse smiled at his mother Cindy Morse as a bailiff led him from the courtroom. His father, District Attorney Larry Morse, and 10-year-old brother Ryan looked on. The family visited him in jail the night before and with their son have borne the personal pain of the public court drama.

They declined to comment on the proceedings.

“I just have to be grateful for an opportunity for a second chance,” Morse's lawyer, Chris Andrian said after the appearance. “I still think fundamentally this is a good kid.”

Michael and Lydia Ruiz, Ruiz's parents, watched the hearing with Lynn Darst of Mothers Against Drunk Driving. They left the courtroom without comment.

Michael Ruiz previously said he would support a sentence of about seven years. Darst has called on Gnoss to uphold the original punishment.

Andrian said he would present the judge with options for a reduced sentence, but he did not say what those options would entail.

The crash happened in February when Dylan Morse, a student in Santa Cruz, was in town visiting his friend, Ryne Spitzer, a 19-year-old pre-business major at Sonoma State University. After a night of drinking at a fraternity party, Morse and passenger Spitzer ran a red light on Stony Point Road and hit Ruiz, who died at the scene. Spitzer was seriously injured in the crash and remains in a coma. A passenger in Ruiz's car also was injured.

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, the CHP said.

It was determined that he used a fake driver's license to buy beer.

At sentencing, Gnoss acknowledged the difficulty of leveling a long prison term to a defendant with no prior record and the possibility of rehabilitation, but said he wanted to send a strong message to a community “that we will not tolerate, we will not accept, this kind of crime.”

But Gnoss on Oct. 14 signaled a change of heart, exercising his authority to “recall” the sentence within 120 days. He has not detailed the reason for his decision.

On Wednesday, Gnoss gave Morse's lawyer and Deputy District Attorney Bob Waner packets of letters he received after the initial sentencing. He asked that both sides in the case submit additional material for consideration by Nov. 25.

Gnoss said he would not refer the sentencing to the Probation Department, which recommended the initial sentence, and was not requesting reports from the California Department of Corrections.

However, Gnoss said he had written state prison officials explaining Morse was the son of a prosecutor and should be housed in a protective setting. State prisons sent him a letter in return, he said and Andrian confirmed he is in a part of the prison away from the general population. He will remain in Sonoma County jail until the new sentence is given.

Legal experts differed Wednesday on what sentence is appropriate, whether Gnoss was swayed by the letters or if there could be political fallout for the judge.

John Abrahams, the county's Public Defender, said similar drunken driving cases involving a death have resulted in sentences ranging from five to eight years in prison. Morse's lack of a criminal record and early efforts at rehabilitation could bode well for him, Abrahams said.

He said letters could play an important role, especially a heartfelt note from Morse.

“The most powerful letters can be from the defendant to the judge,” he said.

Longtime criminal defense lawyer Stephen Turer also thought 12 years was too long. Now, he said Gnoss is in the awkward position of second-guessing himself but he applauded him for doing it.

“What's happening is, I think on reflection the judge decided that the messages he's sending may be a little too strong,” Turer said. “That possibly he was a little excessive in his message.”

Former county supervisor and civil attorney Eric Koenigshofer said Gnoss's initial sentence and the decision to recall it has been the buzz of the legal community.

He said Gnoss is widely expected to reduce the sentence. Discussion among lawyers has centered on the appropriate length to ensure sufficient punishment while leaving the possibility for Morse of a life after prison.

“It's an unenviable position to be in,” Koenigshofer said. “It's a huge burden, I would think, on an individual just on a human level.”