DUI Term Reduced On Appeal

A Warsaw man sentenced to 20 years in prison for driving while intoxicated causing death won an appeal to reduce his sentence.

Jeffrey Reed, 29, of CR 250S, Warsaw, pleaded guilty to the offense, a Class B felony, in June and was sentenced to 20 years in prison with six years suspended for probation. Last week the Indiana Court of Appeals reduced that sentence to 15 years with 4-1/2 years suspended for probation.

"Maximum sentences are generally most appropriate for the worst offenders. ... While Reed's actions of driving drunk and killing another person are grievous and should have serious consequences, there are no facts present which tend to demonstrate Reed is one of the worst offenders," the court's decision stated.

The presumptive sentence for a Class B felony is 10 years in prison, but 10 years was added to Reed's sentence for aggravating circumstances. Reed was given the maximum sentence because of his criminal history.

The decision from the Court of Appeals of Indiana states, "Reed's criminal history, largely removed both in time and relevance to the crime at hand, ... should not have carried such significant weight so as to enhance his sentence another 10 years."

Each case considered in Reed's criminal history was at least seven years old.

The document also says the mitigating circumstances in Reed's case were not fully considered in the sentencing decision.

On Feb. 17, 2005, Reed ran a stop sign and hit an SUV driven by Matthew E. Moore on Ind. 19. Moore was ejected as his SUV rolled over several times. Moore died from injuries suffered in the accident shortly after being transferred to Parkview Hospital, Fort Wayne.

Reed left the scene of the accident but was later found walking after abandoning his car on a county road.