The driver of a vehicle involved in a fatal rollover last summer was ordered Thursday to address high school driver's education students about what led up to the "unintended consequences" that cost the life of his friend.
East Fork Justice Jim EnEarl found Jerett McAlister, 26, of Minden, guilty of vehicular manslaughter in the July 15, 2009, death of Christopher Medina, 22.
At the conclusion of a four-hour trial, EnEarl sentenced McAlister to 180 days in Douglas County Jail, suspended, and placed him on two years probation for the misdemeanor offense.
McAlister won't serve any jail time unless he violates probation. He faced a maximum of six months in Douglas County Jail and a $1,000 fine.
He was driving a Jeep Wrangler that rolled over on the dirt portion of Power Dam Road on July 15.
McAlister, Medina, and Dakota Bonfiglio, 21, both of Gardnerville, were not wearing seat belts, and were ejected from the vehicle.
Medina died of his injuries.
According to reports, McAlister was reportedly driving 30-35 mph and lost control of the Jeep on part of the road that "washboarded." The vehicle rolled over, coming to rest on its side on a guardrail below the road.
The report indicated that the driver had a blood-alcohol content of .032, below the legal limit of .08 for driving. He tested negative for drugs.
EnEarl also found McAlister guilty of driving too fast for conditions and fined him $91. McAlister is to repay Douglas County $500 for the services of his court-appointed attorney, Tom Perkins.
McAlister was acquitted of driving without due care, driving left of center and failure to wear a seat belt.
EnEarl asked McAlister to notify him when he speaks to the students, and left it up to the school district to accept the invitation.
"I want you to tell them what happened. Be truthful and honest. Don't sell them a soft story. Tell them how you feel, what it did to you to see you friend lying there. It's going to be hard," EnEarl said.
McAlister, testifying on his own behalf, said he didn't see the speedometer, but didn't think he was driving 30-35 mph.
"I still don't know exactly how to deal with it," he said. "I don't blame myself. I don't feel it was my fault. All of this is really stressful. I don't know exactly what word to use. I'm apologetic. It was an accident. Chris was a good friend of mine, a good person. I would never intentionally do anything like this."
In a tearful statement, Medina's mother Ramona Madore said she had forgiven McAlister but believed he should be held accountable.
"I know Jerett did not deliberately kill my son. But he's shown no remorse. This had a huge impact on a lot of people," Madore said. "Christopher had his whole life ahead of him. He was supposed to get married. He was my best friend and the backbone to everyone in my family."
Madore said Medina lived for half an hour after the accident.
"My son suffered so much. He knew he was dying," she said.
Prosecutor Karen Dustman argued that Medina's death was "avoidable."
"The state is not claiming it was a deliberate act. Jerett McAlister was driving 30-35 mph, lost control of his vehicle, and it rolled. Christopher Medina was killed. The driver's avoidable negligence cost Christopher his life," Dustman said.
She asked that McAlister serve 30 days in Douglas County Jail with 150 suspended, or that he perform 200 hours of community service.
Perkins disputed whether McAlister was driving 30-35 mph. He said when his client lost control on the hill at the Power Dam, he took every step to try to regain control of the Jeep.
He said McAlister swerved to avoid a vehicle that was parked by the side of the road, fishtailed, overcorrected and rolled the Jeep.
He said McAlister, who had a string of misdemeanor traffic offenses involving drugs and alcohol, had been clean and sober since the accident, was attending 12-step programs and supporting his girlfriend and her two children.
Perkins said his client was remorseful and blamed himself. He said McAlister was struggling with how to come to grips with the accident in the context of his 12-step recovery programs.
"I can't imagine the pain and suffering of losing a child, but I don't think the situation calls for a jail sentence," Perkins said.
While on probation, McAlister is under the supervision of the Department of Alternative Sentencing, must abstain from drugs and alcohol and is subject to search and seizure. He must maintain employment and pay supervision fees.
