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Apr 24, 2008 11:19 pm US/Central
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Sealy Killer Gets 8 Years For Another DWI
MINNEAPOLIS (WCCO) ―
The man who killed a basketball star for the Minnesota Timberwolves back in 2000 has been sentenced to 96 months in prison for another DWI. Now that basketball star's family is talking about how they feel about the man who killed their loved one, and his tough sentence.
Souksangouane Phengsene, 51, pleaded guilty to felony DWI and was sentenced by a Hennepin County judge to more than seven years for a March 30 arrest. He was sentenced to 54 months for driving while impaired and 42 months for violating the terms of his probation on a 2006 DWI conviction.
According to court papers, when arrested, Phengsene's breathalyzer result was more than twice the legal limit. Phengsene admitted that he had eight or more beers at a birthday party. Because he couldn't stand up, field sobriety tests proved impossible.
Eight years ago Phengsene crashed head-on into a car driven by Malik Sealy. He pleaded guilty to criminal vehicular homicide in Sealy's death, and served four years.
Malik Sealy's mother said the news, though welcomed, reopens old wounds.
"If they would understand the real hole that that tears in a family. It's a lot, it's a lot," said Ann Sealy, Malik Sealy's mother.
She said it's comforting to know her son's killer can't be a threat to others while he's locked up for a long sentence.
"I thought the person needed help, I thought that he needed to be off of the streets because clearly something is wrong with him," said Ann Sealy.
Malik Sealy's brother said the latest court developments show that Minnesotans really did love Malik. That this many years later his death is having a positive impact.
"His death is going to hopefully get more people to also think about doing things that's destructive," said Dess Sealy. "Listen, if you drink and drive, you can kill someone."
For the March 30 arrest, court papers said Phengsene was caught speeding on Interstate 35W near 36th Street. He was going about 64 miles an hour in a 55 zone.
A Minnesota State Trooper followed Phengsene as he exited, noting he was swerving and hitting the curb. He also sat at the green lights on both 31st and Lake Street before quickly accelerating through the intersections.
According to court papers, after being pulled over Phengsene was noted to have bloodshot, watery eyes. The trooper said Phengsene tipped over on the seat of the truck, opened the passenger side door and fell to the ground. He couldn't stand, his breath reeked of alcoholic drinks and he wasn't wearing shoes.
The victims' advocate who worked with Malik Sealy's widow said justice has finally been served.
"This is an amazing message, not only to the public but I think it's a real good message to the rest of the judicial system," said Diane Homa of MADD.
The sentence is double what Phengsene got for killing Sealy. The founder of Minnesotans for Safe Driving says this is a historic sentence.
"It's remarkable. I've never seen anything like this. It's great. Finally somebody's being held responsible for what they do," said Jon Cummings of Minnesotans for Safe Driving.
Phengsene two sentences will run consecutively for a total of 96 months and when released he will be placed on five years supervised probation.
The tougher sentence was possible because of a change in DWI laws that took place after Phengsene's 2006 DWI arrest in which he was sentenced to the maximum of a year. Prosecutors say he is finally getting what he deserved.
"The sentence reflects the seriousness of that conduct and the absolute need to incapacitate this individual for as long as we can," said Asst. Hennepin County Attorney Pat Diamond.
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