• 05
  • August
    2010

Daniel Ogden, the Fort Collins man convicted of vehicular homicide for his role in the drunk driving crash that killed 23-year-old Christopher Burnett, was recently sentenced to six years in prison by a judge from the 8th Judicial District.

The incident in question occurred on August 20, 2009, when Burnett's motorcycle hit the back end of Ogden's vehicle as Ogden attempted to make a left turn in front of oncoming traffic.

Ogden's blood alcohol content at the time of his arrest was .195, more than double Colorado's legal limit of .08. He also informed law enforcement officials that he had consumed eight to twelve beers prior to getting behind the wheel.

The six-year prison sentence departed significantly from the recommendations of the pre-sentence investigator who proposed that Ogden be given a 90-day jail sentence and probation.

However, according to Judge Stephen Schapanski, "a non-(department of corrections) sentence would unduly minimize what has occurred here."

Judge Schapanski indicated that his decision to hand down a six-year prison sentence was based upon consideration of a variety of factors, including the safety of the community, the nature of the offense, the probability of rehabilitation, the defendant's prior criminal history (Ogden has a prior conviction for DWAI), and the importance of taking disciplinary actions. 

Ogden's defense attorney had argued that his client deserved probation for two primary reasons. First, Burnett's motorcycle was traveling at 80 miles-per-hour at the time of the crash, making his speed a contributing factor to the accident. Second, since Ogden has remained sober since the accident and wants to "share his story" with others, he was a viable candidate for probation.

Ogden has indicated that he will pursue an appeal. If he is able to post a $20,000 bond, he will be free for the 60-day period pending his appeal.

Stay tuned for further developments in this vehicular homicide case ...

Related Resources: 
 
• Man gets Six Years for Fatal DUI Crash (The Coloradoan)