May 20, 2008 11:34 pm US/Central
Repeat DWI Offender Convicted Of Murder
BRAINERD, Minn. (WCCO) ―
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Matthew Raymond Smoot, 27, pleaded guilty in Crow Wing County District Court to second-degree unintentional murder for the head-on crash that killed Joseph Jordan of Nisswa.
Crow Wing County
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"He loved to hunt. He loved to fish. He loved football," said Marc Jordan, Joseph's father. "It's hard but it's a place where the anger goes away."
CBS
For the first time in Minnesota history, a man who drove drunk and killed someone is heading to prison for murder.
Matthew Raymond Smoot, 27, pleaded guilty in Crow Wing County District Court to second-degree unintentional murder for the head-on crash that killed Joseph Jordan of Nisswa in July 2005.
Marc Jordan, Joseph's father, wanted his son's killer put away for longer than the common two years.
On Tuesday, Marc got his wish when a judge handed down a sentence to Smoot of more than 13 years behind bars.
Every day for the past three years Marc has come to his 16-year-old son's grave to remember the boy known as Joey.
"He loved to hunt. He loved to fish. He loved football," said Marc. "It's hard but it's a place where the anger goes away."
That anger is toward Smoot who was driving southbound on Highway 371 at Crow Wing County Road 16 in Pequot Lakes when he crossed the center line and collided head-on with Joseph's vehicle.
"We live with hell every day," said Joseph's mother Kathy Jordan.
"There's a hole in my heart you can't fix," said Marc.
Prosecutors said Smoot was driving with a revoked license and had three past DWI convictions the night he swerved into oncoming traffic, killing Joseph.
Smoot's blood-alcohol content tested at 0.29 percent, nearly triple the legal limit at the time of the crash.
"When he was driving drunk he was committing felony DWI," said Crow Wing County Attorney Donald Ryan.
So prosecutors say because Smoot killed Joseph while committing his fourth DWI, it's considered felony murder.
Smoot refused to make a statement in court but agreed with his attorney when he said not a day goes by when Smoot doesn't express remorse and regret that he caused so much pain.
However, Joseph's family doesn't buy it.
"I vowed the day that I buried my son I would see him convicted of murder and I made it," said Marc.
Smoot has been in custody since his arrest in July 2005. He'll be eligible for parole after serving a little over nine years.
Smoot was also convicted of a lesser charge of criminal vehicular homicide. Until today, that was the most serious charge for which DWI offenders served time.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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