GRAND RAPIDS, Mich. — A man who caused a deadly, alcohol-fueled crash described as a “horrific nightmare’’ had his sentence overturned by the Michigan Court of Appeals, which said the 10-year term imposed two years ago was too harsh.
It was a split decision and one that will be appealed.
“We really think this was a wrong decision,’’ Kent County Prosecutor Chris Becker said. “We think it was an appropriate sentence, given all the facts and circumstances.’’
Douglas James Crystal, Jr. was returning home from a work-related golf outing when he ran a stop sign in Courtland Township, causing the deadly wreck. His pickup was traveling 90 mph five seconds before impact.
The crash killed 33-year-old Meranda Baguss of Sand Lake and critically injured her five-year-old twin sons. Crystal ran from the scene; he was arrested several hours later.
He eventually pleaded no contest to several felony charges. Judge Mark Trusock sentenced Crystal to 10-15 years.
Trusock said sentencing guidelines that recommended a shorter term did not take into account the devastation of the crash and the injuries suffered by the boys, one of whom is now blind and in need of 24-hour care.
“You’ve destroyed this one family. You’ve ripped apart your family and this community,’’ Trusock told Crystal during sentencing in May of 2018. “This is just a horrific nightmare.’’
He got 10-15 years for operating while intoxicated causing death, 10-15 years for failing to stop at the scene of an accident when at fault resulting in death and 3-5 years for operating while intoxicated causing serious injury. The sentences are concurrent, meaning he’ll serve them at the same time.
In a 2-1 decision, a state appeals court panel recently vacated Crystal’s sentences and directed that he be resentenced by a different judge.
Court of Appeals Judge Jane Markey dissented; she said the sentences handed down by Trusock were appropriate.
“A sentence of 10 years in prison for the destruction of this family is certainly not disproportionate or an abuse of discretion,’’ Markey wrote in her dissent. “Because it is fair and just on every level, I would affirm defendant’s sentences.’’
The two other judges on the case were Elizabeth L. Gleicher and Michael J. Kelly. They upheld the convictions, by vacated the sentences and sent the case back to Kent County Circuit Court for resentencing in front of someone other than Trusock.
“The trial judge expressed deep-seated personal opinions about (Crystal) and we do not reasonably expect that the judge could easily put those views out of mind at resentencing,’’ Gleicher and Kelly wrote.
Becker said he would like to see the Michigan Supreme Court overturn the 2-1 decision. Whether justices even take up the case remains to be seen.
“We’ll file an application for leave to appeal,’’ Becker said. “The supreme court can take it or decide not to take it.’’
“YOU’VE DESTROYED THIS ONE FAMILY.’’
On the day of the Sept. 15, 2017 crash, Crystal, a father of three, attended a work golf outing. He had about 8-9 drinks. The crash happened on his way home.
Crystal was driving a silver Ford pickup north on Ritchie Avenue NE when he ran a stop sign, striking a Ford Fusion heading west on 15 Mile Road.
Meranda Baguss of Sand Lake was killed. Her five-year-old sons, Tony Lee Anthony III and Chauncey James Anthony, were critically injured.
Crystal ran from the crash scene; he was eventually found at his home on Stout Avenue NE more than a mile sway.
He pleaded no contest to multiple charges, including drunken driving causing death, a 15-year felony, and drunken driving causing serious injury, a five-year offense.
Trusock handed down the maximum sentence possible.
“This was not an accident under any circumstances,’’ he said at sentencing. “This was your choice to drink and drive. And you made that decision and you have to live with the consequences of those actions.’’
He called the injuries to the twin boys “egregious.’’
“This one little boy has severe traumatic injury. He’s never going to be able to walk, talk, eat, feed himself. He’s in a wheelchair for the rest of his life,’’ Trusock said at sentencing. “His brother has also some traumatic brain injury, but not as severe. He’s also had to have surgery on his mouth.
“And these little boys have no mother anymore; all because you decided to drink and drive.’’
Crystal, now 38, is at a state prison in Ionia. Under the current sentence, he is not eligible for release until April of 2028.
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