A Rochester man will serve four years in prison after driving under the influence and wrecking a vehicle, resulting in the death of a passenger in his vehicle.
Zachery Eugene Anderson, 23, of 418 Northgate Circle, Rochester, was charged with causing death when operating a vehicle with an ACE of 0.08 or more, a level 4 felony.
Anderson was sentenced on Tuesday in Kosciusko Superior Court III.
Kosciusko Superior Court III Judge Chad Miner sentenced Anderson to six years in the Indiana Department of Correction, with four years executed and two years suspended on probation. Miner also recommended Anderson for participation in Recovery While Incarcerated during his prison sentence.
Anderson's driver's license was suspended for 10 years. He has 189 days of jail time credit.
At sentencing, defense attorney Aaron Stoll submitted over 10 letters of support for Anderson, with several of Anderson's family members and friends in attendance. Deputy Prosecutor Jennifer Naue noted the presence of Alice Dills' son in the courtroom. Dills, 57, Claypool, died in the vehicle accident.
Both Naue and Stoll noted Anderson suffered a traumatic brain injury as a result of the accident and could not recall any details of what occurred. Naue asked the court to fashion a sentence for Anderson based on the case's facts and circumstances.
Stoll described Dills as like a second mother to Anderson. He noted Anderson sought treatment through CleanSlate Outpatient Addiction Medicine after the accident occurred.
Stoll also said Anderson was very focused on continuing his sobriety and accepted responsibility for his actions.
"He's asking for forgiveness even though he can't remember the accident," said Stoll.
"Since I've been out, I've been working hard to stay on the right track," said Anderson. "I knew Alice for over 10 years and spent a lot of time with her. It's been very hard to deal with the loss and I would change everything about that night if I could."
Miner said the sentence he gave was a lot lighter than what he would typically give for the type of charge Anderson has, but also reiterated the facts and circumstances of the case.
At 6:22 a.m. July 9, 2022, a Kosciusko County Sheriff's Office deputy responded to a single-vehicle accident on CR 750W, near Beaver Dam Lake. Upon arrival, the deputy saw two people ejected from a heavily damaged Cadillac SRX, positioned on its passenger's side.
According to court documents, Dills was pronounced dead at the scene. Anderson was located north of the vehicle and airlifted to a hospital.
On July 11, 2022, Dills' family provided in-home video footage from Dills' security camera system for July 8 and 9, 2022. Footage showed Anderson and Dills drinking alcoholic beverages beginning at 9:43 p.m. July 8. At 3:10 a.m. July 9, Anderson and Dills were both showing signs of intoxication. They walked out of the residence and entered a Cadillac, with Anderson getting in the driver's seat and Dills entering the passenger's side.
In an interview with officers, Anderson said he hung out with Dills on July 8, 2022, drank some beer and had no idea who was driving prior to the crash. A certified chemical blood alcohol result showed Anderson's BAC was 0.17.
On Sept. 15, 2022, KCSO deputies examined the Cadillac and determined its driver's seat settings would have excluded Dills as the vehicle's driver due to her physical composition.