Drunk driver who killed jogger to serve 22 years, still faces lawsuit by jogger’s estate
Posted on Wednesday, November 5, 2008
Wantland
A Fayetteville man pleaded guilty Tuesday and agreed to serve 22 years in prison for killing a pedestrian with his pickup and injuring two others while driving drunk.
Phillip J. Wantland Jr., 51, had a blood-alcohol level of 0. 12 when he ran off the road in his 2004 Dodge pickup on June 28, killing 23-year-old Shelby Ann Forbes, according to Arkansas State Police.
Forbes was jogging southbound on Arkansas 265 south of Greenland the evening of June 28 when she was struck by Wantland, who ran off the road while traveling northbound, according to the police report.
Wantland then swerved left, crossing the double lines, and hit a 2000 Ford Taurus driven by Donna L. Myers, 49, of Prairie Grove, according to the report. Wantland was thrown from the truck.
Wantland pleaded guilty to negligent homicide and two counts of seconddegree battery, one each for Myers and her passenger. He was sentenced to the maximum penalty on each charge — 10 years for negligent homicide and six years on each of the battery charges.
The sentences run consecutively, so he must serve a total of 22 years.
Prosecutors recently amended the charges against Wantland to first-degree battery for the two passengers. First-degree battery is a Class B felony punishable by five to 20 years.
Under the negotiated plea agreement, Wantland agreed to serve the maximum sentences if prosecutors reduced the charges back to second-degree battery.
Both Myers and a passenger in her car suffered serious injuries, including broken bones, said David Harris, 4 th Judicial District deputy prosecutor.
Harris said he agree with 4 th Judicial Circuit Judge William Storey, who told Wantland this crime is senseless.
“ It’s a terrible tragedy. It’s a sad case that has affected a lot of people, ” Harris said.
Forbes was pronounced dead the morning after the accident. She recently graduated from the University of Arkansas with a degree in psychology.
Harris said he’d like to see the law changed to allow prosecutors to seek longer prison sentences for drunk drivers who commit negligent homicide.
Wantland also faces a lawsuit filed by Forbes’ estate. Allstate Insurance Co. and Rita Wantland, the owner of the vehicle Wantland was driving, are also named as defendants.
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