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Woman sentenced for hit and run, DUII
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| H&N photo by Todd E. Swenson Brooke Brosterhous kept her head down to shield her emotions during her sentencing Tuesday at the Klamath County Courthouse. |
24-year-old to serve 3 months in jail and five years probation
By LAURA McVICKER
H&N Staff Writer
Brooke Brosterhous sobbed as sheriff’s deputies escorted her from a courtroom to serve the first 30 days of a 90-day jail sentence for killing a man with her car.
The 24-year-old, accused of driving drunk, hitting the victim and fleeing the scene, was ordered to jail immediately following Tuesday’s sentencing. She will be allowed to serve the remainder of her jail time at the discretion of her probation officer.
Klamath County Circuit Judge Roxanne Osborne sentenced Brosterhous to the jail time, five years probation and revoked her driver’s license for five years.
She also is not allowed to drink alcohol for five years — she can’t have alcohol in her home or enter a bar or tavern for that length of time, the judge said. If she violates these conditions of probation, she will go to prison for 18 months.
The Klamath Falls woman pleaded guilty in August to felony hit and run and driving under the influence of alcohol.
Brosterhous was driving friends home from a bar in the early hours of Aug. 20, 2006, when she drove over Klamath Falls resident Brent Davis, 26, who had lain down in one of the Crest Street lanes. The impact killed him instantly.
Prosecutors argued that Brosterhous should go to prison for 18 months because she lied to police, avoided turning herself in and didn’t show remorse to the victim’s family for causing the crash. Brosterhous’ attorney, Robert Foltyn, asked the judge for probation.
The judge didn’t think Brosterhous should go to prison. Osborne said she believed Brosterhous’ alcohol consumption was behind her actions after the accident — not indifference toward human life. In addition, there weren’t any aggravating factors in the case, she said.
Before imposing the sentence, Osborne said she didn’t believe punishing Brosterhous with the stiffest sentence would be best for the community.
“I believe the only reason I would send you to prison is retribution,” Osborne said in court, adding she believes in treatment and rehabilitation. “I don’t want to live in a society where everybody’s punished the harshest they can be.”
Brosterhous’ blood-alcohol level was .12 about five hours after the 2:45 a.m. crash, and prosecutors initially charged her with criminally negligent homicide. But the district attorney’s office dropped those charges because they said the evidence couldn’t prove Brosterhous’ alcohol consumption caused the crash.
“There’s simply no evidence that being under the influence of intoxicants caused the defendant to drive the car in a manner that killed Mr. Davis,” the judge said Tuesday.
Foltyn told the judge earlier that his client had a clean record, a good job and positive influence in society. He also said she tried to contact the victim’s family out of remorse — even though Davis’ family members said she never tried to contact them.
Some, including the victim’s family, thought it was callous for Brosterhous to get married a week after the crash, Foltyn said. But, he added, her father was gravely ill and the family wanted to have the wedding promptly. Others criticized her for having a baby in the months before her sentencing hearing.
That night
Brosterhous was driving friends home from the Aftershock Lounge at about 2:45 a.m., when she drove over Davis in the road. She told investigators she saw what appeared to be a piece of wood, and a car was coming toward her in the other lane so she couldn’t swerve. No other witnesses supported her claims, according to court documents.
Davis was walking home from the same bar and talking to his girlfriend on his cell phone. He was joking around and decided to lie down in one of the Crest Street lanes, investigators said.
That’s when Brosterhous’ car hit him. One of her passengers placed a 911 call after he got home, and all three passengers walked back to the scene to check on Davis.
Meanwhile, Brosterhous drove back to the bar to pick up her now-husband, and the two went to a friend’s house to decide what to do next, according to police reports.
Brosterhous’ mother-in-law, Donna Allen, said Tuesday that Brosterhous called her that night from the friend’s house and asked for advice. Allen said she planned to meet Brosterhous and they would contact authorities.
A city police officer found Brosterhous driving on Washburn Way about three hours later.
Post-traumatic stress
Former Klamath County Sheriff’s Detective John Dougherty testified Tuesday that Brosterhous seemed indifferent to the crash when he questioned her that night.
“I am not a criminal. I would have called you guys,” Brosterhous told Dougherty, according to a transcript filed in Klamath County Circuit Court. “Can’t you pretend like I called you? I was gonna call you tomorrow. I swear to God. I am not a criminal. It was an accident.”
But a psychologist, Susan Dragovich, testified that Brosterhous suffered from post-traumatic stress disorder and was “inconsolable” when talking about the crash.
Victim’s family: Scars will remain
Family members of victim Brent Davis told the court Tuesday of a compassionate, fun-loving U.S. Marine, who didn’t deserve to be killed by a car Aug. 20, 2006.
“To his credit, he never got behind the wheel of a car after drinking,” his sister, Alicia Watson, told Klamath County Circuit Judge Roxanne Osborne. “What he did wasn’t illegal, yet he’s paying for it with his life.”
Davis, 26, died instantly, authorities say, when a car driven by Brooke Brosterhous, hit him as he was lying in the road.
Family members of both Davis and Brosterhous packed opposite sides of the courtroom during Tuesday’s sentencing.
The victim’s mother, Vicki Davis, also spoke, telling of the pain family members have endured since the crash.
“The scars will always remain,” she said. “Recovery is a myth. Closure is not possible. We will never get over it. There is an emptiness now that will never be filled.”
“We feel like even if she gets that,” Davis said of a potential 18-month prison sentence, “She is getting off pretty easy for killing our son while driving drunk, then leaving the scene of the accident and destroying many other lives in the process.”
Family members also said they hoped community members would stop writing about the issue to the Herald and News, calling the letters “heartless.” The case sparked more than 60 online comments, blog responses and letters to the newspaper. Some called for leniency. Others said the potential prison sentence was too soft.
After the judge’s decision, District Attorney Ed Caleb said Davis’ family had hoped for the 18-month prison sentence.
“They were understandably disappointed,” Caleb said.
The 24-year-old, accused of driving drunk, hitting the victim and fleeing the scene, was ordered to jail immediately following Tuesday’s sentencing. She will be allowed to serve the remainder of her jail time at the discretion of her probation officer.
Klamath County Circuit Judge Roxanne Osborne sentenced Brosterhous to the jail time, five years probation and revoked her driver’s license for five years.
She also is not allowed to drink alcohol for five years — she can’t have alcohol in her home or enter a bar or tavern for that length of time, the judge said. If she violates these conditions of probation, she will go to prison for 18 months.
The Klamath Falls woman pleaded guilty in August to felony hit and run and driving under the influence of alcohol.
Brosterhous was driving friends home from a bar in the early hours of Aug. 20, 2006, when she drove over Klamath Falls resident Brent Davis, 26, who had lain down in one of the Crest Street lanes. The impact killed him instantly.
Prosecutors argued that Brosterhous should go to prison for 18 months because she lied to police, avoided turning herself in and didn’t show remorse to the victim’s family for causing the crash. Brosterhous’ attorney, Robert Foltyn, asked the judge for probation.
The judge didn’t think Brosterhous should go to prison. Osborne said she believed Brosterhous’ alcohol consumption was behind her actions after the accident — not indifference toward human life. In addition, there weren’t any aggravating factors in the case, she said.
Before imposing the sentence, Osborne said she didn’t believe punishing Brosterhous with the stiffest sentence would be best for the community.
“I believe the only reason I would send you to prison is retribution,” Osborne said in court, adding she believes in treatment and rehabilitation. “I don’t want to live in a society where everybody’s punished the harshest they can be.”
Brosterhous’ blood-alcohol level was .12 about five hours after the 2:45 a.m. crash, and prosecutors initially charged her with criminally negligent homicide. But the district attorney’s office dropped those charges because they said the evidence couldn’t prove Brosterhous’ alcohol consumption caused the crash.
“There’s simply no evidence that being under the influence of intoxicants caused the defendant to drive the car in a manner that killed Mr. Davis,” the judge said Tuesday.
Foltyn told the judge earlier that his client had a clean record, a good job and positive influence in society. He also said she tried to contact the victim’s family out of remorse — even though Davis’ family members said she never tried to contact them.
Some, including the victim’s family, thought it was callous for Brosterhous to get married a week after the crash, Foltyn said. But, he added, her father was gravely ill and the family wanted to have the wedding promptly. Others criticized her for having a baby in the months before her sentencing hearing.
That night
Brosterhous was driving friends home from the Aftershock Lounge at about 2:45 a.m., when she drove over Davis in the road. She told investigators she saw what appeared to be a piece of wood, and a car was coming toward her in the other lane so she couldn’t swerve. No other witnesses supported her claims, according to court documents.
Davis was walking home from the same bar and talking to his girlfriend on his cell phone. He was joking around and decided to lie down in one of the Crest Street lanes, investigators said.
That’s when Brosterhous’ car hit him. One of her passengers placed a 911 call after he got home, and all three passengers walked back to the scene to check on Davis.
Meanwhile, Brosterhous drove back to the bar to pick up her now-husband, and the two went to a friend’s house to decide what to do next, according to police reports.
Brosterhous’ mother-in-law, Donna Allen, said Tuesday that Brosterhous called her that night from the friend’s house and asked for advice. Allen said she planned to meet Brosterhous and they would contact authorities.
A city police officer found Brosterhous driving on Washburn Way about three hours later.
Post-traumatic stress
Former Klamath County Sheriff’s Detective John Dougherty testified Tuesday that Brosterhous seemed indifferent to the crash when he questioned her that night.
“I am not a criminal. I would have called you guys,” Brosterhous told Dougherty, according to a transcript filed in Klamath County Circuit Court. “Can’t you pretend like I called you? I was gonna call you tomorrow. I swear to God. I am not a criminal. It was an accident.”
But a psychologist, Susan Dragovich, testified that Brosterhous suffered from post-traumatic stress disorder and was “inconsolable” when talking about the crash.
Victim’s family: Scars will remain
Family members of victim Brent Davis told the court Tuesday of a compassionate, fun-loving U.S. Marine, who didn’t deserve to be killed by a car Aug. 20, 2006.
“To his credit, he never got behind the wheel of a car after drinking,” his sister, Alicia Watson, told Klamath County Circuit Judge Roxanne Osborne. “What he did wasn’t illegal, yet he’s paying for it with his life.”
Davis, 26, died instantly, authorities say, when a car driven by Brooke Brosterhous, hit him as he was lying in the road.
Family members of both Davis and Brosterhous packed opposite sides of the courtroom during Tuesday’s sentencing.
The victim’s mother, Vicki Davis, also spoke, telling of the pain family members have endured since the crash.
“The scars will always remain,” she said. “Recovery is a myth. Closure is not possible. We will never get over it. There is an emptiness now that will never be filled.”
“We feel like even if she gets that,” Davis said of a potential 18-month prison sentence, “She is getting off pretty easy for killing our son while driving drunk, then leaving the scene of the accident and destroying many other lives in the process.”
Family members also said they hoped community members would stop writing about the issue to the Herald and News, calling the letters “heartless.” The case sparked more than 60 online comments, blog responses and letters to the newspaper. Some called for leniency. Others said the potential prison sentence was too soft.
After the judge’s decision, District Attorney Ed Caleb said Davis’ family had hoped for the 18-month prison sentence.
“They were understandably disappointed,” Caleb said.
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Reader Comments
The following are comments from the readers. In no way do they represent the view of HeraldAndNews.com. Comment Disclaimer: The editors of heraldandnews.com reserve the right to refuse publication of any comment posted for consideration. We may refuse for any reason, including use of profanity, disparaging comments, libelous comments, etc. Any reader who notices a comment they believe is particularly offensive, should notify us at webmaster@heraldandnews.com.
Stacy wrote on Nov 5, 2007 2:49 PM:
" When you make the decision to drive an automobile, after drinking, with a 2.1 blood alcohol level, the least she should have been charged with was manslaughter. Because, whatever action you commit, or are involved in while make a conscious decision to drive after drinking, you should be held liable for your actions. This is a lot of blame game. "
lgc wrote on Nov 3, 2007 11:47 PM:
" I have been following this case since it happened. What kept going through my mind was WHY WAS HE LYING DOWN IN THE MIDDLE OF THE ROAD??? It doesn't take a college degree to know how dangerous this is and at night this is even more dangerous. ... The only law Brooke broke was driving under the influence of acohol and not reporting this right away . This was purely an accident. All of you who feel she should get a stiffer sentence should be ashamed of yourselves. Why isn't Brent being held reponsible for his actions? My heart goes out to his family. They are the ones who will be reminded of this tragic loss daily. However, Brent had a choice also. If he needed to rest why in the middle of the street and not by the curb. ... Some of you claim he did the right thing walking home because he had been drinking. If Brent was doing the right thing he should of called a cab or a friend to pick him up. ... "
gm wrote on Nov 3, 2007 9:07 PM:
" Reading the paper on all this, Mr. Davis's family has to know, she did not kill their son, he choose to do this himself. How can you really blame this young lady for killing him, shame on you! She only broke two laws, hit and run and dui....Thank god we still have normal people in this town that see's how it really happen. All the rest of you people thank god you are not the Judge. There are some really ugly people out there, just because of who she is... WOW....People read the reports not the name.... "
RA wrote on Nov 3, 2007 8:51 PM:
" All of you would not have these kind of ugly comment's if the Hearld and News would get all of the facts straight. The bottom line she is quilty of ONLY two things, hit and run and dui... She never KILLED NO ONE.. Mr. Davis killed himself by laying in the middle of the road, remember people, he was in the road where cars go. He was joking around, well for god's sake why didn't he lay on the side of the road or go home and go to bed...It is a known FACT Mr. Davis caused his own DEATH....Just asked the Hearld & News on that one... TRUE FACT.... "
Ryan wrote on Nov 2, 2007 4:30 PM:
" Brook broke two laws, driving under the influence, and hit and run. I am sorry to say that Brent killed himself by his own irresponsible actions! The sentence fit the crimes she commited. And for those screaming about her leaving the scene, put yourself in her shoes, she panicked, can you say you wouldnt have? "
scott wrote on Oct 31, 2007 10:05 PM:
" what are they thinkinking. I was victim of a stabbaing 6 years ago in Alturas. The person who did this got 6 yrs. Way to go k-falls judges 90 days and i`m sorry is good enough. Thank god what happened to me didn`t happen here it would of 2 days jail time and have anice day. nice justice. "
mary wrote on Oct 31, 2007 8:36 PM:
" i believe if you do the crime you should have to pay , but this gal when getting out of jail has to look at her self every day in the mirror and to me that is just punishment enough to have to pay. for she will never get over it in her mind. but not fair when judge give one a longer term for jail from being from a un known family, and because this gal is well known she gets very little time . but her conscious will always brother her. and that is worse then jail time "
Steve Miller wrote on Oct 31, 2007 5:17 PM:
" From the Editor:
While discussion about and scrutiny of social matters can often be unsettling, we are encouraged that citizens are engaged, interested, and willing to discuss these issues. We're happy to host this discussion and will do all we can to accommodate it, including tolerating a wide array of reasoning and style of argument. We are, however, planning to screen out comments that may be particularly offensive.
We choose not to run comments that are mean-spirited, threatening, libelous, vindictive, profane, use highly questionable facts or are generally in poor taste. We are aware that this policy leaves some very passionate commentators frustrated, while some more conservative participants wish we would be more restrictive. We simply ask that readers continue to participate in a spirit of community -- willing to say those things that may be uncomfortable, yet do so in somewhat of a respectful manner.
"
BJ wrote on Oct 31, 2007 4:32 PM:
" Okay, You know what is funny about all these comments is that everyone is putting their self in the shoes of man that got killed LYING IN THE STREET, Yeah he did the right thing he walked home and didn't drive but whats the reason for lying in the street. I think if I was 26 years old I would know the harm of lying in the road at 2:45 am. I hear all the time about how people ran over a dear that just jumped out in front of them, in this case even if you weren't drinking would you be able to stop before you hit someone lying in the road in the MIDDLE OF THE NIGHT. Come on people this has nothing to do with who you know this has to do with two people in the wrong place at the wrong time. "
Sue wrote on Oct 31, 2007 3:51 PM:
" How sad that our JUSTICE system is set up that Brooke gets a simple slap on the hand for killing Brent & leaving him in the middle of the road. Now Brent's family is left to mourn his unfinished life. As a mother whom has lost a child I know only too well what his mother will go through for years to come, the anger and saddness she will feel.. and Brooke gets a mere 90 days in jail, while Brent's mother is sentenced to a LIFE of loss. "
W. wrote on Oct 31, 2007 3:34 PM:
" You people who accuse the judge and the psychologist and the court system of unethical conduct are pathetic yourselves. You only seen one side, you don't look at the whole picture the way the judge did. I don't know anybody on either side of the argument. I try to look at the whole situation without bias, and it seems to me that the judge did so as well. She's the judge, and we're not, so I defer to her judgement, expertise, and advanced education. Everybody else should quit practicing laymen's law. It seems we haven't changed so much from the days of lynch mobs..... "
Tom wrote on Oct 31, 2007 3:06 PM:
" Lady Justice -(the statue)- is the God of Justice and law and well known for her clear sightedness. She holds the sword in one hand and the scales in the other. The scales that she holds represent the impartiality with which justice is served and the sword signifies the power that is held by those making the decision. The lady is blindfolded to show that justice is not subject to influence. From this, the statue earned the name Blind Justice. At this point, I’m not sure Lady Justice even knows about Klamath Falls… All I can think of at this point is that I think 90 days to be served at the discretion of her probation officer is “just not right“. It also makes me wonder who the probation officer will be. I have concluded that Justice in Klamath Falls has a ugly side that’s for sure. I will be voting come election time but sadly it mostly likely won’t make a difference. Some things just never change. A sad reality of life I'm afraid.
"
RB wrote on Oct 31, 2007 2:57 PM:
" Reminds me of a Ron White stand-up comedy routine: "Here in Texas we have the death penalty, and we USE IT! That's right, Jack, if you come to our state and kill someone, we will kill you back."
And in my opinion, that bit about Brosterhous (sp?) having PTSD is a crock of something I won't elect to write here. You figure it out. "
A wrote on Oct 31, 2007 2:40 PM:
" Please remember HE WAS DRUNK LAYING IN THE ROAD. If he was responsible he would still be alove. I thik her sentence is correct for what she did. She drove drunk, hit and run. He killed himself by laying in the road. to all the other comments... peopl love to put blame on a family name or injustice. Put blame where it is due. If she would have stopped, he would still be dead. It killed him apon impact, why??? HE was laying int he road!!!!! "
a wrote on Oct 31, 2007 2:17 PM:
" when you choose to get behind the wheel after drinking then you must pay for the consequences. I think the sentencing was to light and not fair for the other person that this happened to years ago. Brooke should be going to prison for more than 18 months. She got away with killing someone. What a wonderful justice system we have in Oregon. "
Think wrote on Oct 31, 2007 1:07 PM:
" Why would you lay down in the middle of a busy street? Why would you drink and drive? Sadly two stupid actions caused a death. If Brent Davis was safely standing on the side of the road and got hit, hopefully the sentencing would have been different, but unfortunetly Mr. Davis was laying in the road. "
B wrote on Oct 31, 2007 12:25 PM:
" I just wonder how many people have looked at today's paper & noticed Brooke gets 90 days jail & probation & directly across from that page Jamie gets 6 years, both these sentences by the same judge. Ironic? More like Ridiculous !!! Perfect example of the who you know syndrom. "
rfa wrote on Oct 31, 2007 11:37 AM:
" Not condoing Brosterhous leaving the scene...or driving drunk...(she pled guilty to those charges) ,but, how many people lie in the road at 3 a.m. (or 3 p.m.) and "joke" on their cell phone? Is that normal human behavior? The robbery suspect who got 6 years had a lengthy CCH and the Pranghofer case had much more evidence to convict. Alcohol consumption by BOTH parties led to his death....he didn't fall, or pass out, he made a poor decision to lie in a public roadway whle intoxicated, she drove drunk. "
PH wrote on Oct 31, 2007 11:27 AM:
" Wow, What about Ryan Pranghoffer do you think he wanted to kill those two ladies and at least he stopped and tried to help. He did not call friends and family to cover his own butt. I think Brooke should have gotten a prison sentence and missed out on a few years of her childs life because the victims family will miss out on a lifetime. Way to go Klamath County! I wonder had the gender been different what the sentence would have been. "
R wrote on Oct 31, 2007 10:58 AM:
" I can not say that I am surprised by this sentence but like many other people in this community I am outraged. I dont know how anyone could think that this judgement is justice. "
S wrote on Oct 31, 2007 10:21 AM:
" I think it is very sad that she only gets 3 months in jail and probation. Even though it was an accident she should of stopped to help that young man, her passengers went back to help.
The same judge gave 6 years for robbery.
What kind of justice system do we have? "
P wrote on Oct 31, 2007 10:05 AM:
" Why can't people see the whole picture when it comes to cases like this? He was laying in the road!! She did not see him!! She hit him and drove off!! She is guilty of DUI and Hit and Run!! Criminally negligent homicide does not meet the criteria!! These circumstances were completely off the wall. Quit comparing different cases to this one. It is over and done with. "
Jenny wrote on Oct 31, 2007 10:01 AM:
" I guess what people say in this town is true, it's who you know and how much money you have. That woman KILLED a person, then ran from the scene and she only gets 90 days. The young man that killed those 2 woman on Washburn Way STAYED with the women and tried to comfort them, he got 6 years. But this is not an election year. The psychologist said Brosterhous was suffering PTSD, if you have enough money you can pay ANYONE to say ANYTHING!!. "
Beth wrote on Oct 31, 2007 9:58 AM:
" Well, I really think that the BIG news media like 20/20 etc. should be contacted concerning this story. This is not justice as we are lead to believe by our local law inforcement, attorneys, judges, this is a bail-out for a local well to do family. Maybe Judge Osborn & Judge Adkisson (presiding judge for Ryan Pranghoffer) should consult one another as to what constitutes justice. These sentences were just not equitable. Klamath County law enforcement is a joke. We are supposed to have respect for this system? I think not "
Mommyof2 wrote on Oct 31, 2007 9:51 AM:
" AMAZING.......and only in Klamath County would this kind of justice happen! I'm betting she will be out of jail within days. I can only hope that her last name had nothing to do with the outcome of this decision!!! I have known people that got a DUI and didnt kill anyone and they got 6 months in jail and had to go to treatment and was on probation for yrs, so where is the justice? "
D wrote on Oct 31, 2007 9:50 AM:
" What a tragic comment on the state of drinking and driving in the state of Oregon and more specifically in Klamath County! Ryan Pranghofer, who killed two women in a drunk driving incident, who held them both in his arms (didn't leave them lying in the roadway), who showed sincere remorse and accepted his sentence with responsibility is serving time in the penitentiary. Brooke Brosterhous-Allen should be serving a comparable sentence, and in fact should be serving even more time for her irresponsibilty in fleeing the scene and leaving the victim to die. It is completely obvious that the Brosterhous name served Brooke well and that justice is not equally served in Klamath County if you are from a prominent family. What a travesty to all the victims and survivors of drunk drivers! Judge Osborne should be ashamed. "
Jen wrote on Oct 31, 2007 9:26 AM:
" It is unthinkable where justice is at. I have had a death in the family, due to hit and run. Someone paid their life and the justice is only 90 days. That is injustice to the family. Has anyone forgot that it is illegal to drink and drive, plus then to cause the death of a person. Then to flee the scene and not go back or report it. This is a great injustice! "
Josh wrote on Oct 31, 2007 9:16 AM:
" what is justice? An eye for an eye? This person has to live with this for the rest of their life, in some ways that is worse than jail time. If the kid wasn't laying in the road we wouldn't be talking about this. I don't think the alcohol in her had that much to do with what happened. Seems like it was the alcohol in him that played a larger role. "
Jack wrote on Oct 31, 2007 9:07 AM:
" Par for the course. Again the name keeps the sentence light. If it was an ordinary person the book would have been thrown at them. Way to go KF "
RB wrote on Oct 31, 2007 9:01 AM:
" I disagree with the sentencing. Mandatory 18 months in jail should be the order, plus the five years of no alcohol and a revoked license. "
J wrote on Oct 31, 2007 7:47 AM:
" Wow, I hope if I am ever stupid enough to drink & drive then run someone over and KILL them that I only get 90 days and probation. I am sorry but that is not justice. "
DH wrote on Oct 31, 2007 7:09 AM:
" Okay all you potential drunk hit-and-runners, here's the plan. Get a great defense attorney like Robert Foltyn, obtain an expert witness psychologist like Susan Dragovich for a "post traumatic stress disorder" defense, and try to get on Judge Osborne's calendar for your trial. Just one caveat: You should be a female defendant otherwise you might get years, instead of months, in jail. "
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Joe wrote on Nov 5, 2007 2:51 PM: