Father criticizes sentence reduction

<p>A Sonoma County judge who slashed the prison sentence of a Merced County prosecutor's son convicted in a drunken-driving crash that killed one man and left another in a coma has failed not only the victims but the driver himself, the father of one of the victims said Monday.</p><p>Michael Ruiz, the father of 22-year-old art student Alex Ruiz, who died in the Valentine's Day crash, said he was shocked by Judge Ken Gnoss' decision last week to cut nine years off a 12-year prison sentence for Dylan Morse and said it poses a setback for the 19-year-old's chances of rehabilitation.</p><p>"I believe that this extreme sentence reduction will make it more difficult for (Morse) to comprehend the magnitude of his crimes and that it will, therefore, likely be even more of a struggle for him to live to his full potential," said Ruiz, a Calistoga home builder.</p><p>The comments were the family's first public response since rushing from a packed courtroom after hearing the judge's new sentence last week.</p><p>Morse, the son of Merced County District Attorney Larry Morse, earlier this year pleaded guilty to being under the influence of alcohol when he ran a red light at Highway 116 and Stony Point Road, slamming his Volvo into a Honda driven by Ruiz, who died at the scene.</p><p>Morse and his passenger, Sonoma State University student Ryne Spitzer, 19, had been drinking at a fraternity party and bought beer from a store with a fake ID. Spitzer suffered a brain injury in the crash and has not awakened. A passenger in Ruiz's car, Vanessa King, 25, also was injured.</p><p>When Gnoss in July sentenced Morse to more than 12 years in prison, he declared he would "not tolerate, not accept this type of crime" and said he wanted to send a strong message to the community.</p><p>Ruiz said that statement made Wednesday's action all the more confusing.</p><p>"The man behind the bench on Wednesday was unrecognizable to me," Ruiz said. "How does a judge have a thoughtful, coherent justification for a sentence on one day then change that sentence so radically on another day when no facts in the case have changed and then have no explanation whatsoever for this radical change?"</p><p>Gnoss would not comment on his decision after his revised sentence Wednesday and did not return a call to his chambers Monday.</p><p>In court Wednesday, Gnoss said Morse's youth and lack of a criminal record were two reasons for his change. But Ruiz said those conditions were the same as in July.</p><p>He said he thought Gnoss might knock off about four years for Spitzer's injuries because Spitzer's parents wanted Morse to serve no prison time, suggesting he instead play some role in the care of their son. But nine years was a surprise.</p><p>"I believe Judge Gnoss failed Alex, failed Ryne, failed Vanessa, failed Dylan, failed the citizens of Sonoma County, failed us all," Ruiz said.</p><p>Despite the criticism, Ruiz said he is not asking Gnoss to undo the new sentence. Above all, he hopes Morse will accept it and begin a quest for personal atonement.</p><p>"This is the sentence," Ruiz said. "It is what it is. I really hope Dylan is able to understand the enormity of what he has done and try to make it right."</p><p>Morse was in the Sonoma County Jail on Monday night awaiting reassignment. He had been held at Pleasant Valley State Prison near Coalinga before Wednesday's hearing. He will be eligible for release from prison in about 28 months.</p><p>"I only wanted my son to be treated the same as everyone else," Larry Morse said Friday.</p><p>Ruiz and King have launched separate civil lawsuits naming Morse, Spitzer and the Safeway store where Morse and Spitzer bought beer the night of the crash.</p><p>Ruiz and King allege Safeway was liable for what happened because it sold alcohol to the underage men, who were intoxicated. The store has filed a motion to dismiss the case, said Ruiz's lawyer, Patrick Emery.</p><p>A hearing on the motion is set for Jan. 6.</p><p>You can reach staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com.</p>