Chronic drunk driver sentenced to 10 years for fatal crash
A Madison man with a long history of drunken driving should use his lengthy punishment for vehicular homicide while under the influence as a "turning point," a circuit court judge said during sentencing Monday.
Michael Fenolio, 29, was sentenced to 10 years in prison and 15 years extended supervision for the drunken driving accident that killed motorcyclist Michael Jurgens, 50, on Madison's east side.
Jurgens was riding his motorcycle at the intersection of Cottage Grove and Sprecher roads on August 11, 2007 when Fenolio made a left turn that hit Jurgens and threw him 40 feet from the bike, killing him. It was later determined Fenolio was under the influence of alcohol and marijuana, with a blood-alcohol concentration of at least 0.10.
Fenolio had four prior OWI convictions as well as previous armed robbery and assault and battery convictions.
Dane County Circuit Court Judge Daniel Moeser said Fenolio seemed to have "little insight into the consequences" of his behavior.
"I am aware you have a daughter that you care for, yet, you didn't care enough about that daughter to keep yourself out of trouble and be available to her," Moeser said. "I hope you can maintain a relationship with her because someday you will get out and I hope you can in some way honor the victim in our case by being a good father and parent to that child."
Fenolio gave a tearful apology to the Jurgens family before his final sentencing.
"I'd like to tell the Jurgens family how sorry I am and the remorse I have is with me everyday." Fenolio said.
In statements read by the victim's brother, John Jurgens, the victim's three sons and ex-wife asked the court to give Fenolio the maximum sentence possible for taking away someone they described as a loving and dedicated father. John Jurgens also addressed the defendant directly, saying he hoped he would change his ways after prison.
"It would be easier to take, I think, if the person who did it was sorry," Jurgens said. "Just after five DUIs, when do you learn? When do you say that's enough? You need to pray to God that you can turn it around."
The defense argued Fenolio showed immense remorse, called 911 and did what he could to help Jurgens immediately after the incident. They also cited Fenolio's troubled childhood and history of clinical depression, which once resulted in a suicide attempt.
While Moeser said the defendant's attempt to stay and help the victim played a role in the sentencing decision, he added Fenolio's childhood problems were "no excuse" for his behavior.
Members of Jurgens' family also criticized the state for "turning a blind eye to drunk driving" and its lack of mandatory sentencing.
"People sit there and will go to the state Capitol and say "Stop the war, stop the war" as they watch the war that is alive in this state between citizens, innocent people and drunk drivers," said John Jurgens. "I would just ask them to take another look."
Assistant District Attorney Jonathan Kaiser understood the family's critique, but said discussion of harsher OWI penalties is something legislators will have to discuss.
"I'll just leave that to the other branches of government to decide," Kaiser said. "If they do decide that, then they certainly better make sure they have enough prosecutors to prosecute."
