Jail, probation ordered in drunken-driving death

By MIKE DUPRE' ( Contact )   Saturday, July 12, 2008
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— Daniel Fleming drove drunk and stoned and killed Dayne Cutler, a young man Fleming described as “my best friend … my brother.”

Friday, Judge James Daley sentenced Fleming, who turns 18 today, to a year in Rock County Jail and 12 years probation. A condition of his probation prohibits him from drinking until he turns 30.

But Cutler’s parents said after the sentencing hearing that Fleming will be accountable to them for the rest of his life.

“We don’t want to destroy his life,” said Cutler’s mother, Letetia Mika of Chicago. “We want him held accountable. We want the punishment to fit the crime.

“I don’t get Dayne back. That’s forever. What’s 12 years to forever? We’re going to be in his life for the rest of his life,” she said.

Cutler’s father, Todd Cutler, said: “I love the 12 years (probation). He can prove himself to us. … We really want him to succeed.”

Dayne Cutler, a Chicago resident, was 18 when he was killed. He and Fleming, a Chicago resident who once lived in Janesville, came to Janesville last August to party with friends here.

One of them was Morgan Hennie, 16, Janesville. She was injured seriously in the early-morning crash Aug. 21 in Center Township.

Fleming had pleaded guilty to homicide by driving with an illegal blood alcohol concentration and causing injury by driving with an illegal blood concentration.

Charges dismissed in exchange for the guilty pleas were homicide by intoxicated driving, causing injury by intoxicated driving, homicide by driving under the influence of a controlled substance (marijuana) and causing injury by driving under the influence of a controlled substance.

A pre-sentence investigation recommended probation for Fleming, who had no previous criminal record.

In court, Mika described her emotions.

“I relive this day over and over and over,” she said as she sobbed. “I miss my son. I miss his curly hair, his laugh. I miss how much he loved animals.

“He had lots and lots and lots of friends. I didn’t know until we had the wake. Four hundred showed up.”

Hennie told the judge that she thought Fleming was not truly sorry and expressed remorse only recently to get a lighter sentence.

That prompted Fleming to tell the court:

“Dayne was my best friend. Dayne was my brother. It breaks my heart. I think about him every day. I know I destroyed their (relatives’) lives. I wake up every morning, knowing I killed my best friend.

“It kills me, them saying I have no remorse. I’d rather spend 10 years in prison than have them think I’m not remorseful.

“I accept the fact that I have to be punished. I accept whatever the court sentences me to.”







reader COMMENTS (22)
no
Jul 21, 2008 at 1:38 a.m.
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*He was a young kid who made a serious mistake*

I grow very weary of hearing this whole "mistake" excuse. How many people are dead due to these mistakes. You see a new corpse every week in the paper because of "excuses".

Maybe some hard time would serve as a deterrent for further "excuses".

marymac4
Jul 18, 2008 at 2:09 p.m.
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He was a young kid who made a serious mistake not like the ones that do it over and over!!!!!!I think his age and family input had a say in this. Sometimes young in life we learn the hardships the hard way and he lost a close friend and will live with it the reat of his life .For Gods sake he was 17!! Did any you ever do something stupid at that age? If you say no i dont believe it!!!!!!!! I have kids and they made bad choices and paid the price sometimes hard prices but they can learn. Sometimes if we look at the whole picture in this case I think the punishment was sufficient.

TrojanVirus187
Jul 18, 2008 at 1:17 a.m.
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lovetoscrap: you are absolutely correct. All 3 of these kids were in the wrong. They all chose to drink, they all got rowdy and got kicked out of their hotel room, they all chose to get high, and they all chose to go out on a joyride after getting kicked out of their room.
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The girl involved claims that she begged Danny not to drive, but I can tell you right now, that story is full of poo. If she cared that much, why did she get in the vehicle in the first place? Also, from what Danny's sister has told me, she (meaning the girl in the car) had changed her story a couple times. She can't keep it consistent. What does that mean when someone changes their story? They're LYING about something.
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Danny is not a cold blooded killer. His mission that night wasn't to take somebody's life. He was having fun. Never did he think that this would happen. Yes, he did take a life, and there's nothing that can be done to change that. But there's a difference between someone who goes out with the intention to take somebody else's life and someone who takes a life on ACCIDENT, due to their own negligence.

lovetoscrap
Jul 17, 2008 at 2:49 p.m.
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Oh...and some friends of mine went through a similar situation a few years ago...their son was killed due to his close friend driving drunk. They had input on what charges would be brought up against the boy who was driving. They realized their son was also partly to blame because 1) He was also drinking 2) he wasn't wearing his seatbelt, and 3) he shouldn't have gotten into a vehicle with someone who had been drinking in the first place. Isn't this something we preach to our kids all the time? Call me. No matter what time it is, no matter where you are at or if you think you are going to be in trouble...call me. At least you will be safe!!!!

lovetoscrap
Jul 17, 2008 at 2:41 p.m.
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This may sound harsh...but all three of these kids were in the wrong. All three were drinking underage and it could have been any one of them to make the very dumb decision to drive while drinking. There are so many adults who make such stupid decisions, let alone 16 and 18 year olds who think they have all the answers! I agree with Trojan...his worst punishment will be the fact that he killed his best friend. This also means that Dayne Cutler's parents probably know him personally and had a very good relationship with him. This was not someone who purposefully put a gun to his head and murdered him in cold blood...yes, it is very wrong and we should have much stronger laws against driving drunk. But, we don't. People do it every day. At least this kid isn't acting like that girl who was driving drunk and went out and killed someone then drove drunk again! She obviously needs help in learning her lesson...a lot more help! I am not excusing this kid's behavior. I am trying to simply see it from both sides.

whybesad
Jul 17, 2008 at 2:32 p.m.
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He killed someone and got one year in jail? That is insane. 12 years probation is nothing either some of those probation officers don't need to see you but every six months or so. I feel sorry for the family. Justice was not served.

Kleej
Jul 17, 2008 at 2:09 p.m.
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no
Isn't it wonderful what this country has been minimized to? Everything is negotiable these days. Our childrens futures right on down to the rights of a killer! We the people have sat by and allowed the leaders of this country compromise the future of this country and it's people. The foundation of this country was built on truth! Right is right and wrong is wrong. Now that those principles have been compromised, what kind of foundation does this country have now??? SAND.

no
Jul 17, 2008 at 1:59 p.m.
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*Let’s see now, the D.A. plea bargained away 4 serious charges and settled for 2 less serious charges, the social workers who did the pre-sentencing investigation recommended probation only but the judge slapped him with a year in the county jail in the hands of our notoriously harsh sheriff and his progressive methods which means this offender will probably be out in a couple of weeks with an electronic bracelet and all the depravation and stigma associated with it as the offender exhibited no intent to be violent. *

It's a regular cottage industry, ain't it?

harley40
Jul 17, 2008 at 1:29 p.m.
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Danny was headed for trouble a long time ago. His mom died a couple of years back from alcohol and drugs. God rest her soul!! She also had many drunk drivings and struggled with alcohol abuse. When Danny moved to Chicago he was free to do what he wanted. He had way to much freedom. Danny was surrounded with older people drinking and duing drugs his whole life. It's really to bad.
What I would like to know is how did they get the hotel room and alcohol and why isnt the person who supplied them with the alcohol being charged for anything? Im sure if they find out who supplied the hotel room they will find who suppleid the alcohol. It's a shame. I am sure his grandmother is flipping in her grave knowing that the trust fund she left him went to legal fee's.

nurse4u
Jul 15, 2008 at 11:20 a.m.
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My prayers are with all of the persons involved here. I pray they find forgiveness and peace...

meinelkm20
Jul 15, 2008 at 11:06 a.m.
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The way I see it...this was not an intentional homicide. That's what makes it different than getting all liquored up and shooting someone. Be serious for a minute here. This kid knows he messed up big. He lost his best friend. He is a prisoner in his own life for the next 13 years. And the all-consuming guilt he must feel?? Don't automatically assume that because he only got a year in jail that he didn't learn his lesson. I don't know him, I'm not defending him, I'm just not judging him.

TrojanVirus187
Jul 13, 2008 at 8:44 p.m.
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Achey, are you in the middle of a divorce right now?

Achey
Jul 13, 2008 at 1:31 p.m.
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Sorry, I just don't get it, a year in jail for killing someone.

So how much time would someone get if they were just a drunk driver (underage of course)?

Sure is cheaper than getting a divorce, just drink up and smash her into a tree? Because if you kill her outright, you are going to do some serious time.

Something is wrong with this picture and it is not just this case.

SarahB
Jul 12, 2008 at 11:42 a.m.
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TrojanVirus187: Thanks for the input. I have no doubt that the driver is remorseful. I know that I would be if I'd caused the death of my best friend (or anyone else for that matter). Your contribution today might keep another young person out of a car after drinking or using other substances.

TrojanVirus187
Jul 12, 2008 at 11:14 a.m.
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Edit: Every time I put 10 years probation, I meant 12.

TrojanVirus187
Jul 12, 2008 at 11:13 a.m.
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Danny is my friend's brother. He definitely IS remorseful for what happened. Dayne was his best friend. Can you imagine killing your best friend due to your negligent actions? It's not something that's easy to live with. Danny knows that what he did that night was stupid, he KNOWS this. Unfortunately, you can't turn back time and redo your actions. Instead, you need to move forward and think more clearly about your actions. While 1 year jail and 12 years probation may not seem very harsh to any of you, just remember this: This kid has *never* been in trouble before, he has *never* been to jail. He is *scared* of being in jail, so to HIM, this IS punishment. Also, 10 years probation? He's still young! Can you imagine living your younger years not being able to do ANYTHING?! Can you imagine turning 21 and not being able to drink to celebrate that? I hope Danny will be able to be responsible for those 10 years of probation and not violate it, as that would sentence him back to jail, I'm sure.
*
I would also just like to note that I'm not excusing Danny's actions. It's clear he made a stupid decision that night. All 3 of the kids involved made a stupid decision. I'm just trying to get you guys to understand some of the facts a little more.

ajh
Jul 12, 2008 at 11 a.m.
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in regards to the leniency in some of these cases, particularly when a passenger dies, i have to wonder if they take into account that as much as the intoxicated perpetrator chose to drive, the victims also chose to ride with him.

it's no less tragic, and i am by NO MEANS suggesting that the victims "asked for it," so let's not start down that road.

i'm just wondering how much that affects the court's decision. it seems like those who kill someone in another car get a tougher sentence.

Irish_Mafia78
Jul 12, 2008 at 10:37 a.m.
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Tsk tsk. A slap on the wrist, this is. No wonder Wisconsin gets so many DUI repeaters. Will this guy be on the alcohol monitoring bracelet while on his probation or will he be trusted because he'll be over the age of 21?

billnewbie
Jul 12, 2008 at 9:23 a.m.
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Let’s see now, the D.A. plea bargained away 4 serious charges and settled for 2 less serious charges, the social workers who did the pre-sentencing investigation recommended probation only but the judge slapped him with a year in the county jail in the hands of our notoriously harsh sheriff and his progressive methods which means this offender will probably be out in a couple of weeks with an electronic bracelet and all the depravation and stigma associated with it as the offender exhibited no intent to be violent. And, according to the brief story posted yesterday on GazetteXtra, the offender has to write a letter of remorse to the family of the deceased victim and to the surviving victim who is understandably skeptical of said remorse. Unfortunately, the judge did not take up the young man’s offer to spend 10 years in prison rather than have people think that he actually lacks remorse.
Substance abusers take note: the Rock County system of Justice takes a tough stance with intoxicated drivers!
As anyone can see, with Justice like this we have no real need to expand the county jail.

lakennedy
Jul 12, 2008 at 9:04 a.m.
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I've wondered about that myself, nowind. I guess maybe that since there isn't a clear cut case of intent involved, just sheer idiocy, the judicial branch is a little (lot) more lenient on this type of crime.

nowind
Jul 12, 2008 at 8:52 a.m.
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"Fleming had pleaded guilty to homicide by driving with an illegal blood alcohol concentration and causing injury by driving with an illegal blood concentration"

I have never understood why this kind of homicide is diferent than other homicides.

perhaps I should use a gun to kill someone but make sure I pleade guilty to homicide by Shooting with an illegal blood alcohol concentration.

Drunk diving is no diferent than playing with guns while drunk in a park full of people. You may get lucky and not hit someone and you may not.

Phil
Jul 12, 2008 at 8:45 a.m.
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So being drunk and high and then killing someone only nets you a year in jail? Doesn't seem like very much justice if any.

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