A Rushville, Neb., man charged with killing two pedestrians while driving drunk near Pine Ridge has pleaded guilty to one count of involuntary manslaughter.
Timothy Hotz, 60, pleaded guilty in U.S. District Court last week, admitting that he had been drinking when he struck and killed Robert Whirlwind Horse, 22, of Manderson.
Calonnie Randall, 26, Wanblee, also was hit and killed as she and Whirlwind Horse walked along S.D. Highway 407 between Pine Ridge and Whiteclay, Neb., on Aug. 27, 2008.
In exchange for Hotz's guilty plea, another count of involuntary manslaughter and a charge of hit and run resulting in death were dropped. He now faces a maximum penalty of eight years in prison.
That's hard to accept for Roberta Ecoffey, whose son Louis Tyon is the father of three of Randall's six children.
"It's like there's no justice for Calonnie," she said Monday. Ecoffey pointed out that federal penalties for possession of drugs are tougher, many with mandatory minimum sentences of 10 years in prison.
"Then you kill two people that were sober, and they only charge you for one and (you) get eight years?" Ecoffey said. "I just don't understand that."
Jon and Monica Whirlwind Horse, Robert's parents, also expressed disappointment in the plea deal.
Eight years is "hardly anything," Monica said. "In eight years, Robert would be 31 years old."
"We hoped for the maximum for all the charges," Jon said. He said he would like to see Hotz take responsibility for his actions and ask U.S. District Judge Karen Schreier to sentence him to the maximum amount.
"In eight years, Rob will still be dead," he said. "That's how we all feel."
The Whirlwind Horses and Ecoffey agreed on one thing: They want Hotz to say he's sorry.
"We're going to hope that there can be some healing coming from this," Jon said.
"He ought to do a written apology to (Randall's) children and to her family," Ecoffey said.
Ecoffey, who lives just 100 yards from where Randall and Whirlwind Horse were killed, said she plans to ask the Oglala Sioux Tribal Council to reduce the speed limit from 55 mph to 40 mph or slower in that area.
Hotz is the former owner of the Jack & Jill Grocery Store in Whiteclay. According to federal court documents he admitted driving off the road onto the shoulder and hitting the two victims. Instead of stopping, he drove home and didn't contact law enforcement, which allowed his alcohol level to diminish.
Hotz also admitted to removing human hair from the windshield of his car. He did not turn the hair over to law enforcement officers. He also refused to give a blood sample, court documents show.
He faces up to eight years in prison and a $250,000 fine. Prosecutors will also seek restitution for the families of both victims.
The two dismissed charges would have carried up to 10 years in prison had Hotz been convicted.
Hotz is in custody pending sentencing March 30.
Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com
Posted in Top-stories on Sunday, January 11, 2009 11:00 pm | Tags: Involuntary Manslaughter, Local Crime, Federal Crime, Pine Ridge, Dui, Timothy Hotz, Crawford, Heidi Bell Gease, 01-12-09
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