Sal Venegas Jr., of Ark City, was sentenced to six-and-a-half years in prison Monday for a DUI-related crash last year that claimed the life of Winfield’s Garrett Misora.
During an emotional sentencing proceeding this morning, Venegas Jr. was remorseful as he addressed the victim’s family just prior to sentencing in the Ark City courtroom of Cowley County Dist. Judge Christopher Smith. Venegas Jr. told the family he had “no excuse” for the accident on Nov. 20, 2016 that killed Misora.
“I’m sorry. I would trade places with him in a heartbeat,” Venegas said.
The defendant added that he hoped his going to prison would help the family “get some closure for your baby boy.” Misora’s family declined an opportunity to address the court.
In September, Venegas Jr. entered a plea agreement with prosecutors on a charge of involuntary manslaughter while in commission of a DUI.
Families for both Misora and Venegas had a brief, tearful exchange today as Venegas Jr. was taken into the custody of the sheriff’s dept. He will remain in the county jail until he begins serving his sentence in a Kansas Dept. of Corrections facility.
The 78-month sentence is an upward departure from the standard 66-month sentence for this particular involuntary manslaughter conviction.
Venegas Jr., 30, had been facing a charge of second degree murder. That charge and other less serious charges were dropped as part of the plea agreement.
County attorney Larry Schwartz said he believed a lengthier sentence to be appropriate. So, in exchange for a reduction of the original charge, Venegas Jr. and his attorney agreed to an additional 12 months in prison above what is normally given.
Venegas Jr. also had a previous diversion for DUI that counted as a felony conviction for purposes of establishing a criminal-history score.
Judge Smith said the evidence showed Venegas Jr. was driving southbound on U.S. 77 when his vehicle struck a sign, then continued across the median into the northbound lanes of the highway. He struck Misora’s vehicle head on.
The 20-year-old Misora was dead at the scene.
Previously, investigators have said the initial crash involving the sign had left Venegas Jr’s vehicle without functioning headlights. His blood-alcohol level was twice the legal limit.
Venegas Jr. was also injured in the crash and was in a wheelchair for a time.
The defendant was not arrested prior to his conviction and thus has no time served. He can earn up to 15 percent off his sentence for good-time credit.
Venegas Jr. will be required to undergo 36 months of post release supervision and register as a criminal offender. He also will pay $450 for a highway marker for the Misora family.
(Editor’s note: The front page photo is from an earlier court appearance made by Sal Venegas Jr.)
