CLEARFIELD – The sentence for a Madera man convicted of homicide by vehicle while driving under the influence was discussed again during motions court Tuesday.
Last month Gregory Allen Millinder, 33, was sentenced to a total of six to 15 years in state prison after he pleaded guilty to homicide by vehicle, aggravated assault by vehicle while DUI, endangering the welfare of children, recklessly endangering another person and one summary before President Judge Fredric J. Ammerman.
His attorney, David Joel Shrager, filed a motion for reconsideration of that sentence.
Attorney Veronica Brestensky, who represented Millinder at the hearing Tuesday, argued that the lengthy sentence was causing Millinder’s family financial stress. He has two children he pays child support for, and his wife is busy with their seven-month-old child, she said.
She suggested that Ammerman consider running the sentence of 30 months to five years for aggravated assault concurrent instead of consecutive to the 42 months to 10 years he gave Millinder for homicide by vehicle.
She also stated that the homicide by vehicle sentence could be increased to 54 months to 10 years, which would keep the term in the top level of the standard sentencing range, but would lessen the time Millinder would spend away from his family.
District Attorney William A. Shaw Jr. opposed any change to the sentence.
He noted there was a “pretty elaborate sentencing hearing” in this case that featured many speakers from both sides, which he felt the judge took into consideration.
“I don’t think anything has changed to warrant modification,” Shaw said.
Ammerman agreed that he had considered everything before but stated that it did not mean he didn’t care about Millinder.
He said he appreciated that Millinder took responsibility by pleading guilty and saving the victims of the pain of a trial. But, Millinder allowed his drug use and “irresponsible behavior” to impact others.
Although Millinder’s family would like to have their loved one home, Ammerman pointed out that the victims’ loved one was never coming back and another victim suffered injuries that changed his life.
Ammerman then denied the motion.
The charges stem from an accident in July of 2017 when a Jeep Wrangler driven by Millinder struck one vehicle and then a second vehicle head on, killing Mary Teresa Caprio and seriously injuring Gary Stover.
Millinder was under the influence of amphetamine, methamphetamine and Clonazepam.
For full details on the emotional sentencing hearing, click here.
