Star Tribune Article dated 12-19-2014StarTribune - Print Page
Ar StarTribune
Probation for fatal Carver County crash
draws ire
Article by. PAUL WALSH
Star Tnbne
July M. 2010-9.14 PM
A semlbaler trui dinver with 14 speeding violations was given
pmbaEal after pleading guilty in a mU0-yet hide crash that killed
Moo people last summer in Caner County
Gortrm S. Cwatiss_ 53, was senloxztl Friday aper pleading guilty
ro a charge of fanure to dons with due care. a misdameanio
The mash killed Sandra Balmer. 45, of Nprwood Yang ArrRMa.
and Juan Olyere, 35, M Sullivan. Texas. It happened Aug. 29 in
Bemm Townakp at Me imerseram of Hwy. 212 aud Canty Road
51.
Alon9 with 12 months' probation. Dianct Judge Kevin Esser
sentence calls fa CUniss, a Hut nsm. Minn., to peeom 1W
hours of corhmuniy, service and pay restr umn to Me victims for
unpaid funeral Soreness and a 5385 fine. He must also complete a
Onverinµxovemml counse and write letters of apology to Me
victims.
"Unfortunately, its trial crap, for lack Or better wads." Kris Solids.
Babi sister, said Tuesday 'Its a slap in the tate. You kill two
people and Mils is all you get and you ran son W dd ing? It taffies
me'
-e.e N e w mnaIler bua Sir
_ sne wmd to tern lent loon H^Y
Anel n was nn by Garden s. Cures buck Sante
banal i0ed aur SW cin— by d¢n oleo, wbn ab be was
.I1M
eeoder by anorreys mr the Baratz holy
Carver County Attorney James Keeler acknowledged Mat Me sentence is a'less Man a mitsfadory respaue' in Me was of
two people dying. He said more serious charges could not W Wought because 11e case did hot MyoNa alcor a drug use
ad it larked gross negligence in dining
One metro -arm prosecute has pushed state lawmakers for years to create a more senors grossmisdetmarnar age lm
negligent driving when someone is killed.
'dere needs to be a JRaerra between iiwng negligently and! IrWng a ace a sign ant lulling morreci Dakota County
Attorney James Badcamrn sad. He matte that cvmrrent eller a motorist in 2007 was giyen probation and community semce
for falling asleep and fatally striking an i&yeeruld woman who was waking Moog a mad in Farmington.
In the Curtiss case, Me medmum sentence Elde could nave imposed was 90 days in jai and a $1000 fine. There is no
minimum sentence recaured for MIS tlerge. said! Suranne Alllegroexeadlve directs W the Minnesda Sentencing
Guidelines Commission.
Curtiss Min esota tlnwg record includes 13 spewing Walions stretchlrg hon 1989 W 2000 and a 14th in 2007, along with
other alae ons in Me 199Os her inattentive dnvirg and leaving de scene of an aoddent
State Pahl Lt Enc Roesm sad Gums had his license suspended Mr once in 1988 fofive speeding vleletians 11124
months and again the red yea fur a sixth speeding violation within 24 months. His license was reinstated later in 1999.
Keiser noted that Qutiss sentence is "tenon with MIS type of case"
Curtiss' atfamey, Wilson Cowell, said that during the senlenang, tie Judge old not memion Curtiss long history 0 speedirg.
W "I would W surprised' Rte lent know, about it Curtiss currently has driving privileges, Romer, mid
Keeler said Corliss dining hisroryVan t gang to enhance or aggravate Me sentence in MIS case. We had to prove his
violation in MIS case on the tads in MIS case and ret his poor cloning recWd -
This senterra "baa rec gltlzes (hat MIS was an a dent Man sane seharrirgs do.- Said Cowell, who has been a criminal
defense attorney for more Man 30 years. -putting people In jail to academs is not necessary.'
'NAS didn't warn ro lase any jai time. wh;W was accanp nuble4' Cavell also said.
Curtiss read a siaternent during senntenang that sad Te's extremely renlorieh! It is saneMing he will jive with fade rest of
his 14e' Cowell said,
Keeer.0 Mat represenetiws Or the Babas and Olvera fivh.hes alb riled the smtanwtg aho ware maria arae
beforehand of what Me goseallorl and defense would W newmmerdig to Me judge.
On Tuesday, Shreds, strolled at the contention Mat the crasn was an aaeoent -Aamenlsto me, you don't have chroices: she
sad, adding that she told Curtiss dunne her vicOm-impact statement al sentemng "M onunafay, you did have apices to
rare. Unfortunately, you had a deice to put yourself in the itch or make Me decision to slow down and stop:
Curtiss was ddwW east on Hwy. 212 when his semi rearended a car driven by Babaor who had stopped to tun left aId
northbound Counly Road 51.
The roped sent Bater car Into the westbound lane W 212, brcedsiding an SUV dr wM by clime This, four passengers in
Olvera's yehiae – his wife and their three children, al Hoon Bid Island, Minn. –were redly hat. Curtiss was hot injured.
A witness said Mal she saw Bauer ter slow normally to turn left and Mat the tum signal was SaAvated oelae the aril,
according to this criminal complaint against Curtiss,
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Al the scare, the complaint sale. Catiss told a slate ttooPer Nat Ba got in the right-hand tum lane at the irterseoUOn W
Nen atempled to tum left Curtiss saol he swerved to the night to avae Baba2's car His tiuck's left hom bumper stork the
cor. sending it into Olvere's SUV.
Curtiss told Ne trooper that he was going 0. to W mph at Ne time of Ne crash.
A State Patrol investigation determined Net Curtiss was traveling 59 to 61 miles per now al the tme of tc first collision TM
speed limit a Net spot was 55 mph.
Curtiss worked for Bartels Track Line ofN6nMW Mirn., at the brae of the crash 'He has ria been a tlnverfur Nem'since,
mid Michael Mr,Nee, an attorney ropleseming Bartels and Curtiss in numerous legal dams lean Ne flash. Curtiss has
'w e l to the ya d' oc assonelly for Bartels sired to wreck. McNee mid
Pad Walsh • 61245734482
02ma sa r,wne
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