The driver whose carelessness caused a Gilroy teen’s death
shunned a judge’s offer of a second chance to complete his
probation, opting instead to spend a full year behind bars.
Gilroy – The driver whose carelessness caused a Gilroy teen’s death shunned a judge’s offer of a second chance to complete his probation, opting instead to spend a full year behind bars.
Anthony McDowell, 21, admitted he still owed $16,371 in court-ordered fees and restitution to the Kinkel family; Judge Hugh Mullin called his probation “completely unsuccessful.” The Kinkels lost their 15-year-old daughter Erin nearly three years ago when McDowell veered off a country road. The girl was flung from the bed of his truck, and died en route to the hospital.
McDowell pleaded guilty and was convicted of misdemeanor vehicular manslaughter in 2005, and was sentenced to do 300 hours of community service and pay more than $16,000 in restitution and court fees, $14,425 of it to the Kinkel family, to cover counseling and funeral costs. At his sentencing,
McDowell spoke movingly of his own trauma, and promised the Kinkels he would dedicate himself to Erin’s memory.
But probation officers said McDowell skirted his sentence. Since his conviction, McDowell has paid only $156 – less than 1 percent of the sum – and hasn’t done any community service. After McDowell skipped a hearing for violating his probation last week, Mullin issued a warrant for his arrest.
Sheriff’s deputies found him in Morgan Hill last Thursday, and booked him into Elmwood Jail without bail.
Prosecutor Amir Alem wanted the judge to jail McDowell. He didn’t expect McDowell to choose jail.
Judge Mullin offered McDowell a six-month jail sentence and an extension of his probation, which would require him to complete his community service and pay his fine. McDowell refused probation, and was sentenced to one year in county jail and more than $3,000 in fines. His driver’s license was revoked.
“You almost pulled one over on the court, you know?” Mullin said angrily. “You really got away with it.”
Because McDowell refused probation, he is no longer required to do community service, or to pay the Kinkels’ restitution, Alem explained. The Kinkels were disappointed by McDowell’s choice, saying the restitution didn’t matter – they just wanted to see McDowell make something positive from the tragedy that befell both teens.
“It’s a wasted year,” said Scott Kinkel, Erin’s father, outside the courtroom. “He chose the easy way out.”
Cheryl McDowell, Anthony’s mother, didn’t attend Thursday’s hearing, but said her son had suffered after the accident, and that he’d done hours of community service that had gone uncounted by probation – why, she couldn’t explain. John Freeze, who was her boyfriend at the time of the accident, said he was surprised by the young man’s decision.
“He’s living a hell in his mind, and nothing that’s imposed is going to change anything,” said Freeze. “It was just a tragedy and an accident. But Anthony still had an obligation to fulfill, and he didn’t do that. So the courts took the next step.”
McDowell pleaded guilty and was convicted of vehicular manslaughter in 2005, in a high-profile case that riveted Gilroy and Morgan Hill.
McDowell veered off a country road and hit a tree, ejecting Kinkel, who was riding in the bed of his truck. At a harrowing two-day sentencing hearing, McDowell said he loathed himself, suffered nightmares and asked to be jailed, saying, “A young girl’s blood is on my hands for the rest of my life.”
Superior Court Judge Susan Bernardini meted out a considerably lighter sentence, ordering McDowell to do 300 hours of community service and pay more than $16,000 in restitution and court fees, $14,425 of it to the Kinkel family, to cover counseling and funeral costs.
But McDowell has paid only $156 – less than 1 percent of the sum – and hasn’t done a single hour of community service. The Kinkels have received only $52.
“Every single thing he got up and said at sentencing has proven completely untrue,” said Scott Kinkel. “That’s the most disappointing thing to me.”
