Steve Wozniak and Gloria Marek-Wozniak, who lost her son and her father in a 2002 accident, are shown in this file photo. Mark Fejervary was given the maximum sentence Monday. Cathleen Allison Nevada Appeal
YERINGTON - After nearly two years, Gloria Marek-Wozniak came face to face Monday with the drunken driver she blames for the death of her father, son and a neighbor boy.
"I pray to God for my own forgiveness as I find myself praying and wishing for you to die," she told Mark Fejervary before the maximum sentence of five years in prison was handed down in Yerington District Court for felony third-offense drunken driving.
"I say to you, Mr. Fejervary, that I cry every day. I can't even look at pictures or my baby's life. It hurts so bad that I actually feel myself stop breathing."
On July 31, 2002, Harold Marek, 60; his grandson Robert Marek, 16; and neighbor Louis Norton, 15, were killed when their vehicle was struck at the intersection of Fir Avenue and Highway 95A in Silver Springs by Fejervary's car.
"Apparently, your life was so meaningless to you that you chose to inflict yourself on others by drinking and driving," Marek said through tears.
Three charges of felony drunken driving causing death were filed July 29, but on Dec. 19, Lyon County Justice Court Judge William Rogers determined the accident was unavoidable. Fejervary was southbound on Highway 95A when he struck Harold Marek's car as Marek tried to cross the highway. Rogers found that Marek was at fault.
On Monday, District Judge Archie Blake seemed to be of a different opinion.
Emphasizing he has no control over justice court, Blake said after reviewing the file and reading the preliminary transcripts, its was clear Fejervary had two times the legal limit of alcohol in his system, was speeding, and "driving in a wild manner."
"This court finds that the defendant's conduct contributed to these deaths," he said. "To argue that this court cannot or would not consider the deaths (in sentencing) would be absurd."
Louis Norton's uncle Bryan Norton, a court bailiff from Pahrump, spoke on behalf of his family. He was accompanied by Louis's grandparents, but said the proceeding was too difficult for Louis' parents to attend.
"Louis and Robbie were innocent victims who never had the chance to grow up," he said. "As adults, Mark and Harold had the responsibility to protect our children. Harold received the ultimate punishment by dying. Mark still has not been punished for his crime of drinking and driving."
He asked Blake to impose the maximum sentence.
"The pain this family still feels is indescribable," he said. "Parents and grandparents are supposed to watch the children grow, graduate from school, marry, and have children - not bury them before their time."
Fejervary's attorney, Lane Mills, unsuccessfully argued for a sentence of 1 to 3 years, saying his client was remorseful.
"He's come before this court and accepted responsibility," Mills said. "My client knows that his life is in ruins because of one thing, and that's alcohol."
Fejervary offered no testimony in his defense.
"There's nothing more I can say," he told Blake.
Fejervary will be eligible for parole in 28 months.
Contact F.T. Norton at ftnorton@nevadaappeal.com or 881-1213.
