Judy Jacoboni and her granddaughter, Alyssa Alonso, 10, look at pictures of Michelle Jacoboni who was killed in 1990 by a drunk driver. The driver that hit her was released 5 months ago only to get another DUI at a blood alcohol level twice the legal limit and recieved one year of delayed prison time. Photo by Brian Corley
DAYTON -- There are a million things Judy Jacoboni would have rather been doing on her 58th birthday on Thursday. The least of which was sitting in court while the woman convicted only 11 years ago of killing Jacoboni's 22-year-old daughter in a drunken collision, was sentenced for drinking and driving -- again.
Even more agonizing to Jacoboni, outgoing president of the Dayton Chapter of MADD, was, although convicted-killer Shelley Roinestad, 39, was sentenced to 20 years for Michelle Jacoboni's death, she stood before a Carson City judge as a first-time drunken driving offender in the eyes of the law.
Because it had been more than seven years since Michelle's 1990 death and Roinestad's conviction, the court couldn't hold against her the earlier arrest.
"How could someone drink and drive again after they have killed someone?" Jacoboni asked Sunday.
Michelle was coming home from her job in Reno on April 8, 1990 when, as she descended Dayton Hill on Highway 50 East, she was hit head-on by Roinestad. Michelle died moments after the wreck and less than a mile from her home, Roinestad suffered a broken leg.
The latest chapter in the life and death of Michelle -- and Roinestad's repeated drinking and driving -- has resolved Jacoboni even more. She is more driven to have legislation passed that will stop giving drunk driving felons a second chance.
"Drunk driving is the only crime where you can get a second chance to be a first-time offender," she said. "Once you're a felony DUI you should always be a felony DUI. Every subsequent DUI should be considered a felony."
Because of the Nevada law, which expunges drunken driving convictions, Roinestad could only be charged with first offense DUI.
On Thursday, she was sentenced to a treatment program in lieu of six months in jail and a fine of $1,105.
Justice of the Peace Robey Willis additionally gave Roinestad 60 days of house arrest, 11 days in jail for driving without a license and suspended her driver's license for a year.
Of course, not having a license didn't stop her from drinking and driving this time, Jacoboni pointed out.
"I think that shows she has no respect for the law or what she has done," Jacoboni said.
On Christmas morning, Roinestad will be released from jail.
Jacoboni has Roinestad's story down pat.
She was sent to prison for 20 years in 1990, but after serving three years she was released on a house arrest program.
"I think that is a great program," Jacoboni said of the house arrest option for drunken driving convictions. "I think Roinestad did really well on that."
Jacoboni said twice she and her husband protested Roinestad's parole before the board but, on the third time in 1999, they thought she deserved another chance.
"She was doing so well, that me and my husband didn't want to stand in her way. We told the board that and she was paroled. Within 60 days she got busted for drinking again," Jacoboni said.
Roinestad was sentenced to prison again and spent another three years behind bars.
In June she was released. All of her time was served and aside from having to register as an ex-felon, she was free from parole and probation officers.
"I thought to myself, this is a second chance at her new life now," Jacoboni said. After spending the past 10 years mourning the loss of Michelle, Jacoboni was ready to hold it in her past. "I'm going to do the same thing, it's time for this to be over."
On Nov. 14 Roinestad was arrested again for drunken driving.
"It hurts," Jacoboni said of Roinestad's recent arrest. "But more than that, here's a person that we all need to be protected from. People like this, they're driving on our streets and highways everyday."
She said as the years have passed, the pain of losing Michelle has lessened.
She and her husband of 40 years, Ron, have suffered more loss than any parent should.
Eight years before Michelle was killed, their 11-year-old daughter Adina died of cancer.
Jacoboni remembers right before Michelle died feeling that she was getting used to the loss of Adina. "I was just starting to think after seven years 'Life is great.'"
"Michelle was right on top of the world," she said. "She had just come home that February and was kicking butt in her career."
Jacoboni couldn't let the depression consume her, however. She had eight other children to take care of.
"I had to get up every day, I had to get out of bed and take care of them," she said.
"Now when I think of Michelle I don't think of the anger and pain. For years I was so angry. It's hard to get rid of that negative. But over time you learn to deal with the grief. You learn how to protect yourself from the intrusion of grief. You get good at working through it."
Adina and Michelle are together now, their mother said. And she looks to the time when she'll see them again.
"I'm looking forward to being with them again. One thing about it is when your a bereaved parent you're not afraid to die."
BREAKOUT:
For more information or to help in the legislative effort to change drunken driving laws visit www.madd.org or call the Lyon County Chapter at 246-7522
