Pusich v. State

907 P.2d 29, 1995 Alas. App. LEXIS 63, 1995 WL 694580
CourtCourt of Appeals of Alaska
DecidedNovember 24, 1995
DocketA-5441
StatusPublished
Cited by17 cases

This text of 907 P.2d 29 (Pusich v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pusich v. State, 907 P.2d 29, 1995 Alas. App. LEXIS 63, 1995 WL 694580 (Ala. Ct. App. 1995).

Opinions

OPINION

MANNHEIMER, Judge.

Vicki Ann Pusich was sentenced to a total of 25 years’ imprisonment with 7 years suspended (18 years to serve) for the crimes of manslaughter, AS 11.41.120(a), and first-degree assault, AS 11.41.200(a). She appeals this sentence, contending that it is excessive. We affirm.

The Facts Underlying Pusich’s Offenses

In the summer of 1993, Pusich was experiencing marital difficulties. To cope with these difficulties, Pusich turned to alcohol.

Pusich drank heavily during the week preceding the Fourth of July. On Tuesday or Wednesday evening (June 29th or 30th), Pu-sieh’s close friend Delfina Walker found Pu-sieh’s vehicle parked in Walker’s driveway. Pusich was passed out in the front seat, the keys in the ignition. On Wednesday or Thursday night (June 30th or July 1st), Pu-sich took Walker on a trip to Wasilla. During this trip, Pusich drove at speeds of up to 90 miles per hour and was passing other vehicles recklessly. Walker repeatedly told Pusich to slow down — that her driving was scaring Walker. Pusich assured Walker that she “was fine” and that she would stop driving so recklessly — but she continued to drive in this reckless manner. After they arrived in Wasilla, Walker tricked Pusich into giving her the keys to Pusich’s car, so it was Walker who drove them home to Anchorage. However, during this return trip, Pusich constantly demanded that Walker leave the highway and drive to a bar so that Pusich could get a drink; Pusich also stretched out her leg from the passenger seat and pushed down on the gas pedal when she thought that Walker was not driving fast enough.

On Thursday night (July 1st), Pusich’s husband warned her to stop drinking and driving. According to Walker, who overheard the conversation, Pusich’s husband told Pu-sich that “she was never going to learn until she ended up killing somebody”.

At the end of work on Friday afternoon (July 2nd), Pusich announced to a co-worker that she intended “to go to a liquor store and drink herself into a stupor”. Pusich began to drink again on Sunday morning, July 4th. Pusich spent that afternoon and evening at Walker’s house. Pusich had called Walker to ask if she could come over; Pusich explained that her husband had come home early from a camping trip, and she did not wish to be around him. Walker was going to a picnic that day, but she told Pusich that she was welcome to let herself into the house. (Pu-sich knew where the spare key was hidden.)

During the afternoon and evening, Walker called Pusich several times to check on her. From talking to Pusich, Walker could tell that she was drinking. Walker repeatedly made Pusich promise to stay at Walker’s residence and not to drive anywhere. Pu-sich, however, broke her word and started driving from Anchorage to Wasilla.

During this drive, Pusich exhibited extreme recklessness, weaving in and out of traffic, tailgating other cars, and traveling at speeds of up to 90 miles per hour. She apparently was drinking beer as she drove: beer bottles, both empty and full, were found in Pusich’s vehicle.

Just south of Wasilla, Pusich either tried to pass on a right-hand curve or else inexplicably failed to negotiate the curve. She drove straight ahead, neither braking nor veering, crossing two lanes of traffic to hit a car in which fóur people were traveling: Mark and Nancy Langley, their son Brian, and thirteen-year-old Jamie Farr. Mark Langley and Jamie Farr were killed at the scene. Brian Langley was taken by helicop[32]*32ter to an Anchorage hospital, where he died of his injuries. Nancy Langley was critically injured but survived.

A grand jury indicted Pusich on three counts of second-degree murder, AS 11.41.110(a)(2) (causing death through conduct manifesting extreme indifference to the value of human life), and one count of first-degree assault, AS 11.41.200(a)(1) (recklessly causing serious physical injury by means of a dangerous instrument).1 Pusich and the State later reached a plea agreement; under this agreement, Pusich pleaded no contest to a single consolidated count of manslaughter (charging three deaths), AS 11.41.120(a), and .to first-degree assault.

Pusich'⅛ Background

Pusich is not a youthful offender; she was 37 years old at the time of these offenses. Pusich has a long-standing alcohol problem. In the past, she has attended treatment at the Salvation Army’s Clitheroe Center and has participated in Alcoholics Anonymous meetings. She nevertheless returned to drinking.

Pusich has a history of drunk-driving offenses. In 1978, in Oregon, Pusich ran her car into a concrete highway divider at a speed of approximately 78 miles per hour; her breath test result was .22 percent. She was convicted of driving while intoxicated. Pusich was convicted of DWI again in Oregon in 1985, when she was stopped for weaving along the road and crossing the center line; her breath test result on this occasion was .25 percent.

In between her two DWI convictions, Pu-sich was convicted in 1984 of driving with a suspended license. Further, Pusich was charged with failing to appear in connection with her 1985 DWI charge. Pusich failed to attend a hearing on an order to show cause; a bench warrant was issued for her arrest, which remained outstanding at the time of the pre-sentence report in this case.

Pusich also has a lengthy history of other traffic violations which did not lead to criminal convictions. Beginning in 1977, Pusieh’s operator’s license was repeatedly revoked for various periods of time: for speeding (1977), for failing to obey a traffic signal (1977), for failing to report an accident (1979), for refusing to take a breath test (1979), for driving without lights (1980), for failing to obey a traffic signal (1983), for failing to appear at a hearing (1983), for failing to obey a traffic signal (1984), for failing to appear at a hearing (1984), and for failing to take a breath test (1985).

The Sentencing

Pusich’s offenses, manslaughter and first-degree assault, are both class A felonies. AS 11.41.120(b); AS 11.41.200(b). The maximum sentence for a class A felony is 20 years’ imprisonment. AS 12.55.125(c). Because Pusich was a first-felony offender, the presumptive term for each of her offenses was 5 years’ imprisonment. AS 12.55.125(c)(1); Pruett v. State, 742 P.2d 257, 262-63 (Alaska App.1987).

Superior Court Judge Beverly W. Cutler found that the State had proved four aggravating factors under AS 12.55.155(c): (c)(4)— that Pusich employed a dangerous instrument (an automobile) in furtherance of the offense; (c)(6) — that Pusich’s conduct had created a risk of imminent injury to three or more persons; (c)(10) — that Pusich’s conduct was among the most serious within the definition of manslaughter; and (e)(21) — that Pu-sich had a history of repeated violations of criminal laws similar in nature to her present offenses.

For the offense of manslaughter (which encompassed three deaths), Judge Cutler sentenced Pusich to 18 years’ imprisonment with 5 years suspended (13 years to serve). For the offense of first-degree assault, Judge Cutler sentenced Pusich to 7 years’ imprisonment with 2 years suspended (5 years to serve). Judge Cutler imposed these sentences consecutively. Thus, Pusieh’s composite sentence is 25 years’ imprisonment with 7 years suspended — 18 years to serve.

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Bluebook (online)
907 P.2d 29, 1995 Alas. App. LEXIS 63, 1995 WL 694580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pusich-v-state-alaskactapp-1995.