A scandalously light sentence

We have long argued that the penalty for leaving the scene of a fatal accident should be the same as that of causing a death while driving under the influence. The main reason a driver flees is that he’s been drinking. It makes sense to treat a runner if he were; otherwise the law provides an added incentive for running.

Take the case of Bryce Burke, 27, of Canfield, who dragged Andrew Culp, 22, of Columbiana, to death beneath his car. He dragged Culp for about a half mile, apparently unaware of what he was doing, and then for another two blocks after he pulled into a fast-food drive-in lane and was told there was a person under his car.

Burke fled, went to ground for two days and then turned himself in. His reward was a three-year prison term.

This arguably began as an accident. There’s even a suggestion that Culp chose to lie in the road before Burke’s car struck him. Some witnesses said he had been drinking. There has been no mention of witnesses saying what Burke was doing in the hours leading up to Culp’s death.

No longer an accident

But the moment Burke stepped on the gas after being told he was dragging a person, it went from accident to vehicular homicide. After running, however, Burke was able to plead to the lesser charge of failure to stop after an accident resulting in death.

A person would have to be mentally incapacitated (see the first paragraph of this editorial) or a monster to do such a thing. In either case, three years in prison is an inappropriately lenient sentence.

The Ohio Revised Code recognizes two functions of sentencing: to protect the public from future crime by the offender and to punish the offender. Three years may have met the first purpose; it fails woefully on the second.

No one should be surprised if Burke’s lawyer waits the minimum appropriate time and files a motion with the sentencing judge, James Evans, to grant judicial release at a point significantly short of the three-year mark.

Burke has already gotten more breaks from the system than a man could hope for, and Judge Evans should deny him another.

But just in case, Culp’s family should inform prosecutor Paul Gains in writing that if a motion for early release is filed, they not only expect to be promptly informed, but they expect Gains to argue vociferously against any further dilution of Burke’s sentence.

That’s the least the prosecutor’s office could do.