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Light sentence in fatal hit-and-run devastates family of victim

Westminster man may serve only up to six years in death of 8-year-old boy

By April M. Washington, Rocky Mountain News (Contact)

Published January 25, 2008 at 5:45 p.m.
Updated January 25, 2008 at 5:45 p.m.

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Until this very day Lisel Von Duyke finds it difficult to believe her 8-year-old son was killed in a hit-and-run accident six months ago while riding a go-cart on a country road in Westminster.

The mother of six now finds it hard to believe that the Westminster man who killed her son — and then fled the scene and days later went camping in Steamboat Springs — may only serve up to six years in prison.

She says Daniels deserves to spend far more time behind bars for taking a young life.

"My problem is that he left my boy in the road to die," Von Duyke said, her voice cracking. "He was cavalier about it. He said he looked in the rearview mirror and thought the boys were fine. He said 'No harm, no foul.'"

"My boys lay on the road hurt and dying. He knew something serious happened. He went to his home, a block away from the accident and watched TV news reports. Three days passed and he said nothing. Then he went camping. He purposely chose not to speak up."

On Thursday, Sean Christopher Daniels, 32, plead guilty to two felony counts and two traffic offenses for having hit Von Duyke's two sons, killing the youngest.

Daniels plead guilty in Jefferson County District Court to the leaving the scene of the accident resulting in death, tampering with physical evidence, failure to report an accident and leaving the scene of an accident.

The Jefferson County District Attorney Office reached a plea agreement with Daniels.

Pam Russell, spokeswoman for the district attorney, said that problem lies with state law.

The most serious charged that can be brought against a person leaving the scene of accident resulting in death is a class four felony, which carries a sentence of two to six years in prison.

The misdemeanors Daniels pleaded guilty to carry a possible county jail sentence of up to a year.

"Let me make it clear, we believe leaving the scene of an accident in which a child was killed is a serious offense," Russell said. "It's our understanding that the family is working with lawmakers to make sure that someone leaving the scene of an accident is held more accountable. We're supportive of that effort."

In June, Quinton Von Duyke, 8, and his brother Kaeden, 10, were riding a go-cart on West 96th Avenue near North Pierce Street in Westminster when Daniels hit the go-cart from behind. Kaeden was thrown clear, but Quinton, who was wearing a seat belt, was killed.

Daniels kept on driving and never reported the accident to police. Westminster police traced the vehicle to Daniels and he was arrested a week later in Steamboat Springs where he was camping.

The Von Duykes and other family members are lobbying state lawmakers to upgrade the felony charge for a hit and run resulting in death to at least a maximum sentence of 12 years in prison.

The family expressed no ill will toward the district attorney's office.

They simply find it disheartening that Daniels will likely receive a light prison sentence because authorities couldn't prove conclusively that he was intoxicated at the time of the accident.

Russell said that Daniels had been drinking that day, but police couldn't prove it by time they captured him in Steamboat Springs a week after the accident.

"The problem is that hit-and-runs are light felonies," said former state Sen. Norma Anderson, R-Lakewood, whose brother is the grandfather of Von Duyke's children.

"People hit and run because if they kill someone while driving drunk they could be in the slammer for years and years. So they'll run away instead of helping the victim."

By comparison, the drunken driver who killed a mother and her two children last year in downtown Denver and then fled the scene of the accident received 48 years in prison.

Larry Trujillo received 16 years per family member for his role in the deaths of Becca Bingham, her daughter, Marcie, 4, and her son garrison, 2.

Von Duyke said she knows the amount of time Daniels actually serves in prison won't bring her son back.

Her focus now is making sure other families won't suffer through a similar tragedy.

"We're struggling all the time with his death," she said. "We have our kids in counseling. We're in counseling. Our lives will never be the same."

Comments

  • January 25, 2008

    6:13 p.m.

    Suggest removal

    joggle writes:

    I usually think sentences are too lengthy but wow, I can't believe a guy can kill a kid with his car and, at worst, get 2-6 years in prison. Only 1 additional year for leaving the crime scene? That's unbelievable.

  • January 25, 2008

    6:48 p.m.

    Suggest removal

    jaylang writes:

    This will be harsh. Too often people want to blame a person for the accident. I want to blame the parents for letting the children drive on the street an unlicensed vehicle. Yes this is a tradgedy, but is neglect also to blame here? I mean preventitive measures would have stopped this accident from even happening. Two wrongs do not make a right. Where is the law for knowingly putting your children in danger being applied here?

  • January 25, 2008

    8:15 p.m.

    Suggest removal

    LoFat writes:

    jaylang is right. There is such a thing as shared responsibility. Where was the parental supervision when this eight year-old-boy was illegally operating a motor vehicle on a public roadway?

    We also have underage kids illegally operating motor vehicles on our public roadways. We try to watch for them and make allowances for them. After all, kids will be kids. Many are supervised by adults and exercise extra care. Some are not and throw caution to the wind thus creating hazards.

    When this happens, different "vigilante" adults will sometimes confiscate the vehicles, when absolutely necessary, and promptly return these vehicles to the childs parent(s) along with an explination of why. I have yet to see a child have his vehicle confiscated more than once. But this also a small town. We do not concern ourselves with violating a juveniles "constitutional rights" in this manner as long as it keeps him alive and healthy. If the parents want to get "belligerent" about their angel child we turn them in to law enforcement.

    No parent should ever have to bury their child. I am sincerely sorry they should have to go through this loss. Please love and cherish the remaining children and for God's sake provide proper supervision in the future.

  • January 25, 2008

    10:52 p.m.

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    Anks writes:

    As a parent I cannot imagine their pain, but I wonder why these children were riding on the road in the first place? My sons had a go cart and I would take them to a school parking lot or a field to ride and be with them while they enjoyed the toy I bought them because I was responsible for them having it, and they were children. I believe the parents should share in the responsibility that their children were allowed to be in an unsafe situation. This driver was wrong, but these parents were also wrong? If they were riding in a safe place to start with there would not have been a young life lost. I believe these parents should also suffer some sort of criminal punishment too. At the least they were negligent in supervising there children in a safe manner.

  • January 26, 2008

    10:14 a.m.

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    American100 writes:

    I have friends who gave their child a go-cart. Those things can go up to 60mph depending upon the maker. The go-carts set very low to the ground and are hard to see.

    The parents of these kids are responsible for the death of their child.

    Shame on Daniels for leaving the scene.

  • January 30, 2008

    10:52 p.m.

    Suggest removal

    tokyoexpat writes:

    First, the people who want to blame the parents are not informed. Second, if a person is walking down a street or riding any vehicle, they are not responsible for being killed by a drunk driver. Why did he admit to the two felony counts. It was because he could spend the rest of his life in prison if it was proved he was drunk..... and he was.
    I have been to the accident site and the drunk driver had well over a hundred yards to stop and there are not trees or other obstructions to prevent a sober person from running those kids down.
    When I was growing up we had mini-bikes and go-karts and nobody ran us down.
    Today you have electric scooters and min-motorbike. You still have no reason to kill. The people who try to justify killing a little boy must be relatives of the criminal.