Posted on December 13, 2013 at 10:14 PM
Friday, Dec 13 at 10:24 PM
SEATTLE - Timothy Durden was sentenced to 54 months behind bars in the vehicular homicide case that took the life of Rosemary Tempel on July 17th, 2012.
The victim's brother, Phillip Drum, said Durden should have faced more time.
"Justice has not been served," said Drum. "He was due to be charged with vehicular homicide DUI and nothing short of that."
That is Drum's opinion, but it is not what happened.
On the morning of the eight-vehicle crash that killed Tempel, a blood test reportedly found that Durden did have marijuana in his system three hours after the wreck. But Durden was not charged with driving under the influence. Prosecuting Attorney Mark Larson said marijuana was not a focus during the trial.
"That evidence did not get before the jury. There was a series of legal questions around that that the court had to deal with," said Larson.
What stands out for Larson about this case is Durden's record which he says includes three past convictions for reckless driving.
As for the 2012 fatal collision, a jury found Durden guilty of vehicular homicide in November.
Friday, Tempel's family and friends were in the courtroom for Durden's sentencing.
"I have come here to finally see the man who killed my daughter serve his sentence, and I would hope that it would be the max," said Josephine Drum, Rosemary's mother.
In court, Durden apologized over and over again.
"How can I forgive myself," he cried. "I see her face everyday."