Family will have say at DUI sentencing
The family of victims in a fatal accident in Silver Springs nearly two years ago will be allowed to testify about their loss during the drunken-driving sentencing of a man involved in the accident.
“This court finds that testimony from the family members of the persons who died in the transaction would be natural to the more substantial information considered by the court,” said Lyon County District Judge Archie Blake in his ruling Thursday.
On July 31, 2002, Harold Marek, 63; his grandson Robert Marek, 16; and neighbor Louis Norton, 15, were killed when their vehicle was struck at the intersection of Fir Avenue and Highway 95A in Silver Springs by Mark Fejervary’s car.
Three charges of felony drunken driving causing death were filed against Fejervary, 49. But on Dec. 19, Lyon County Justice Court Judge William Rogers determined the accident was unavoidable and Fejervary, although intoxicated, was not at fault. Fejervary was southbound on Highway 95A when he struck Marek’s car as Marek tried to cross the highway.
At the time of his arrest, Fejervary’s blood-alcohol content was .25 – more than three times the legal limit, according to court documents.
He pleaded guilty Jan. 7 to third-offense drunken driving and could be sentenced to up to six years in jail.
In a February hearing, attorney Lane Mills argued victim impact statements from the families were not admissible because Fejervary was found not to be the cause of the accident.
Blake, disagreed, citing case law that stated “driving under the influence is not a victimless crime, but rather an offense against society as a whole.”
Fejervary will be sentenced March 29. Louis Norton’s uncle Bryan is expected to testify.
Contact F.T. Norton at email@example.com or 881-1213.