Sean C. Morgan
Of The New Era
Ernie Zane Allen, 46, was sentenced March 24 to a prison term of 12 1/2 years for the death of John “Nick” Larson in a drunken driving accident last year.
Allen appeared before Judge John A. McCormick. Allen was convicted of first-degree manslaughter; driving under the influence of intoxicants, alcohol and methamphetamine; and driving while suspended.
Allen was driving when he lost control of his car and ran into a utility pole on Highway 228 near Valley View Drive on Aug. 8, killing his passenger, Larson.
Prosecutor Ani Yardumian told McCormick about Allen’s track record of six previous drunken driving convictions.
“The court will see Mr. Allen has 41 or so prior convictions,” Yardumian said. “He has a number of person misdemeanor crimes.”
Among those are menacing, assault and criminal mischief.
With Allen’s criminal history, sentencing guidelines suggested a 121- to 130-month sentence, Yardumian said. Measure 11 requires a 120-month sentence.
Based on two “enhancement” factors, Yardumian asked McCormick to sentence Allen to 240 months with no alternate sanctions or early release. The first enhancement was that Allen had recently had a drunken driving arrest. The second enhancement was that he was driving while suspended while under a release agreement that specifically prevented him from driving or drinking alcohol.
A copy of that release agreement, signed three weeks earlier, was found inside Allen’s wrecked car, Yardumian said.
“The court gave him a very strong admonition about not buying, consuming or possessing. He promised not to drink and not to drive,” she said. “He shouldn’t have been driving because he’s suspended as well.”
Larson’s mother, Patty Calvery, and his girlfriend, Courtney Allen, both gave statements to the court. Courtney Allen is also the defendant’s daughter.
“The accident has just destroyed my life,” Allen said. “Not only did I lose the one person that was always there for me, and I truly loved, but I lost my dad too…. I never thought my dad would hurt me, but this has just broke my heart.
“I know my dad didn’t mean to do this, but it hurts me so bad knowing that he knew what could happen and still didn’t even think twice about drinking and driving. It hurts knowing that my dad will no longer be a part of my life, but I guess everything happens for a reason.”
Allen said when she would see her father on drugs, “I would yell at him and tell him, ‘One day you’re going to wake up and your family is going to be gone and there will be nothing you can do about it.'” And what hurts the most is now it’s true.
“Now I look at life as a gift. This has taught me to look at everything different. This has taught me to think before I make a decision. My dad was a good dad, and he was always there for me. My family has been ripped apart, and there’s nothing I can do about it. I think my dad deserves to serve time, but not more than 10 years but not less than 10 years either.
“He’s already missing out on half of my life, and it hurts because he will not be around.”
Calvery asked McCormick to impose a sentence of 20 years to life.
“There are no words to describe the pain of losing a child,” she said. “All the hopes and dreams of him graduating, turning 18, getting married, having children, getting his driver’s license are all gone. He will not be there to help his little brother, niece or nephew grow, building things or even help them through whatever life will bring them.
“It’s still a nightmare, and I still wait for him to come walking through the front door, knowing that he never will. I find myself calling Nick to ask for help or just wanting to talk. All I get is his voice telling ‘this is Nick, please leave me a message, and I will get back to you,’ knowing that he will never call me back.
“I really hate the fact that this man has had so many DUIs and was let out on the road to do this again and for this to happen. I also hate the fact that someone with so much knowledge about drinking and driving and so many prior DUIs could slip through the cracks of the justice system.”
Ernie Allen’s attorney, Paul Kuebrich, told the court his client has had a long problem battling alcoholism. He has struggled with it, “and now he is paying the price for it in very dear terms,” Kuebrich said.
He asked the court for a 121-month to 130-month sentence with no eligibility for alternative sanctions or early release for 120 months, the mandatory sentence.
“Mr. Allen is extremely impacted by this and is genuinely remorseful about this,” Kuebrich said, quoting a letter from Allen’s mental health worker. He has expressed deeply his remorse for the family’s agony “and sadness this young man died and not himself.”
Kuebrich read a letter written by Allen, stating that “I am extremely sorry for what happened. I don’t believe I can explain how sick I feel, let alone how you feel. If I could, I’d give my life in an instant. I know these words may not mean much, but they are all I have to offer. I’m sorry for that too.”
McCormick said the persistence of Allen’s behavior shows “a do-whatever-I-want attitude, I-don’t-care-what-the-law-says attitude.
“I don’t recall once … when the defendant had so many chances to correct his or her behavior in the past and taken advantage of that,” the judge said. At the same time, he noted, Allen did not deliberately want to hurt Larson, and cases where someone kills another in cold blood often end with 240-month sentences. He said he did not think Allen deserved such a sentence.
McCormick sentenced Allen to one year in jail for driving under the influence. He also suspended his license for a year with a fine of $2,000. For driving while suspended, he sentenced him to one year in jail with a $67 fine.
For first-degree manslaughter, McCormick sentenced Allen to 150 months. Allen is required to submit to DNA registration. He will be eligible for alternative sanctions after 120 months, allowing him to find a program that could help him. He will have three years of post-prison supervision upon release.
He was fined $170 with $4,995 in restitution to the state victim’s rights fund, which paid for funeral expenses.
Allen’s appeal period is 30 days.
“Thirteen years is not enough for taking the life of a child,” Calvery said.
“I’m not happy, actually. I’m very disgusted at the justice system. Giving him 20 years doesn’t justify taking a life.
“Granted, he may not have done it intentionally, but it’s still the idea he had so many priors.”
Courtney Allen said she had mixed feelings.
“I can’t say that I’m happy, but I can’t say that I’m not,” she said, adding that her father didn’t do it on purpose, and “he loved Nick too. I hope that he’s a changed man, and I hope that people see this and think twice about drinking and driving.
“I love my dad very much, but I love Nick too. It’s just very hard.”