Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, July 29, 1994 TAG: 9407290076
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: By MICHAEL STOWE STAFF WRITER
DATELINE: LENGTH: Medium
Circuit Judge Clifford Weckstein also ordered Jacobs to be on probation for 25 years after his release and forbade him to drive "anywhere in the world" for 10 years while he's on probation.
Jacobs, 24, pleaded guilty to second-degree murder for causing an automobile accident that killed Brenda Jones in October on the Roy L. Webber Highway.
Assistant Commonwealth's Attorney Greg Phillips has called the case the "Roe vs. Wade" of DUI law because drunken drivers who caused fatal accidents generally have been charged with involuntary manslaughter.
Roanoke prosecutors chose to charge Jacobs with murder, arguing that counseling he received after a DUI conviction three years ago gave him warning about the dangers of his actions.
Phillips on Thursday urged the judge to make Jacobs an example for others.
"Every drunk driver makes a conscious decision to get behind the wheel," he said. "What we want them to think about is 'Man, remember what that guy in Roanoke city got.'''
Jacobs read a letter to Jones' family during the sentencing hearing.
"I'm so sorry for the enormous pain I've caused," he said. "I think about my horrible mistake every day and I will for the rest of my life."
Jacobs said he hasn't had any alcohol since the accident, and vowed he won't for the rest of his life.
Phillips argued that Jones' death was an act of malice.
"We don't have a tragedy or accident; what we have is a murder," he said.
Here's what happened: On the night of Oct.16, Jacobs had been playing guitar in a band at a Roanoke nightclub. After drinking beer there, and later at the home of a band member, Jacobs decided to drive home about 5:20 a.m.
Traveling no more than 40 mph near the Elm Avenue exit, Jacobs fell asleep and drifted off the right side of the road. His car struck the guardrail, veered across the median and ran into oncoming traffic.
He collided head-on with Jones, 41, who was on her way to work at the gift shop at Roanoke Regional Airport. She died about 10 minutes later.
Jacobs was sent to the hospital in critical condition. A test later showed the alcohol content of his blood was 0.22 percent, more than twice the legal limit.
The Roanoke man previously was convicted of DUI in 1991 and ordered to attend the Virginia Alcohol Safety Action Program.
Phillips told the judge that a stiff prison sentence was the only answer because Jacobs obviously didn't learn his lesson.
"We gave Mr. Jacobs VASAP, and in return three years later he gave us a dead body," he said. "This is the most heinous DUI that's been around in quite some time."
Defense attorney Tony Anderson argued that Jacobs was sorry for his mistake and asked the judge for a five-year sentence.
"This man is worth rehabilitating," he said. "You can't change what happened yesterday. You can only look forward to tomorrow."
Weckstein sentenced Jacobs to nine years in prison on the murder charge and one year for the DUI conviction.
Jones' daughter, Kimberley Clement, said she was pleased with the length of the sentence, but that she still doesn't think Jacobs feels any remorse.
"I know this can't bring my mother back, but I hope it sets an example," she said. "I just want her death to mean something. Even if it just saves one life."
Keywords:
ROMUR
by CNB