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Public awareness the focus of sentencing

AARON BOHACHEK/Hagadone News Network | Hagadone News Network | UPDATED 10 years, 3 months AGO
by AARON BOHACHEK/Hagadone News Network
| December 11, 2014 8:00 PM

BONNERS FERRY - Instead of time in jail for vehicular manslaughter, a Bonners Ferry man will be required to talk to driver's education classes about the dangers of distracted driving.

The sentence came following emotional pleas for mercy from the parents of Joshua Wilkerson, who was killed Aug. 13, 2013, after Keith D. Anderson rear-ended his car, sending him into oncoming traffic.

"Life is a gift," Wanda Wilkerson told Anderson in a victim's impact statement during Tuesday's sentencing hearing. "Josh's life was a gift that touched all of us on many levels and some deeply."

"Please realize that your life is a gift. Live the remainder of your life well, Keith. Please make something positive out of this tragedy, something that may spare others from going through the guilt you are going through, and the sorrow you are enduring. It is my hope that you will at some point be able to forgive yourself for what's happened ... I also want to thank you for accepting responsibility for this accident."

The plea was heard by Judge Justin Julian, who told those gathered that he became a judge to put bad people who have deliberately hurt someone behind bars. This case was different, with no bad person to punish.

"The roles of sentencing, which are punishment of the defendant, protection of society and reinforcing the seriousness of the crime... don't really fit this case very well," he said, "because I don't have the bad person sitting in front of me to punish. I have a situation that needs to be addressed."

The best way to use this tragedy for good was to allow the community to learn from it, Julian determined. To this end, as a part of the sentence he assigned Anderson to speak to the Bonners Ferry High School Driver's Education classes about the dangers of distracted driving at least once every semester during his two-year unsupervised probation period.

Anderson was charged with "unlawfully but without malice" killing Wilkerson by rear-ending his car and sending him into oncoming traffic after being distracted by a cellphone. Anderson pleaded guilty to the charge Nov. 25, 2014.

The sentence follows nearly a year-and-a-half of investigation, court dates and discussion between Boundary County Prosecutor Jack Douglas, defense attorney Jed Nixon, Idaho State Police Allen Ashby and Joshua Wilkerson's family.

Through halting tears, Joshua Wilkerson's parents, Wayne and Wanda Wilkerson, both delivered victim's statements at the sentencing hearing.

"It may sound insignificant," Wayne Wilkerson said, "but any time we can talk about or remember Joshua, we cherish the moment. I could talk about Joshua forever. About our love for him, his amazing personality, or maybe about what could have been, but I know this is not the proper time or place for that, so I will speak to Keith, for the most part."

He addressed Anderson, who listened with head down, blinking back tears of his own.

"I'm so sorry this happened, for so many reasons," Wilkerson said, "We know you didn't mean for this to happen. We forgive you. We forgave you the day this happened... We know Josh would want you to get on with your life, and more importantly enjoy life to its fullest. It's what he tried to do every day."

"We hope and pray that if anything positive can come from this tragedy, that it will be educating the public about the dangers of driving distracted... To try to get people to make positive choices. The risk of potential loss so far outweighs the benefit of saving a few seconds or minutes while driving."

Anderson made a short statement of his own. With a wavering voice, he apologized to the Wilkerson family and friends, as well as the occupants of the oncoming vehicle that struck Wilkerson's car.

"I sincerely apologize for my error in judgment that lead to the accident," he said. "I am filled with remorse and guilt every day for the trauma and grief this has brought to you and your families," he told the Wilkersons.

Douglas was convinced to soften his recommendation by ISP officer Allen Ashby, who investigated the case and the Wilkerson family, he said, who did not seek restitution beyond the insurance. He was impressed by Anderson taking responsibility for the incident, he said.

"The impact of cell phones comes with the danger of what we've seen here today," Douglas said. "Everybody that has driven has been in the situation, sooner or later where they've been distracted. It serves as a warning and a lesson to every single person, including myself. Truly, the choices that you make while driving can kill someone," he said, "or seriously maim them."

Douglas commended ISP for their thorough investigation, saying it took a year before the case even landed on his desk. Ashby's most important consideration was the education portion of the punishment, Douglas said.

"Maybe he could make a difference," Douglas said. "Maybe somebody listens to that, takes it to heart and realizes, 'It is dangerous, maybe something could happen. I'm not going to do it.' And if a few people stop, maybe it saves a life and a lot of the grief we have here today."

In addition to the driver's education requirement, Judge Julian granted Anderson a withheld judgment, with an undetermined amount of time due to a lack of prior criminal record. No time will be served in the case as long as Anderson completes the probation period with no further criminal charges. Judge Julian also charged Anderson with a $1,000 fine and sentenced Anderson to 90 day driver's license suspension.

In a final act of reconciliation, both the Anderson and Wilkerson family shared hugs and a private moment outside the courtroom after the case was finalized, as both families took another step down the long and difficult road to healing.

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Public awareness the focus of sentencing

BONNERS FERRY - Instead of time in jail for vehicular manslaughter, a Bonners Ferry man will be required to talk to driver's education classes about the dangers of distracted driving.