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Durango judge seeks balance with 3-year prison sentence in DUI crash causing serious injury

Farmington man was turning into marijuana shop when he collided with oncoming vehicle

A Farmington man was sentenced to three years in prison Monday for driving drunk and causing a crash that resulted in serious bodily injury.

Cory Savage, 31, struck a plea agreement with the 6th Judicial District Attorney’s Office. He was facing anything from probation to six years in prison.

The crash occurred Feb. 26 on U.S. Highway 550 about 2 miles north of the New Mexico line. Savage was northbound when he attempted to turn into the parking lot of Border Buds dispensary and crossed directly into the path of a southbound vehicle driven by 23-year-old Diedra John.

Diedra was driving her mother’s vehicle as the pair headed home from a day of cleaning work in Durango. Clarissa John was in the passenger seat. She was not wearing a seat belt. Diedra estimated she was traveling 65 mph at the moment of impact, which crumpled the front of the vehicle and left her mother seriously injured.

Clarissa John was taken to Mercy Hospital in Durango, where doctors reported she had suffered a cardiac contusion, T8 spinal fracture, multiple rib fractures, pneumothorax and a pulmonary contusion.

Neither Diedra nor Savage was treated for injuries.

Savage, who admitted to state troopers at the scene that he had been drinking rum, failed field sobriety tests at 7:28 p.m. He had a blood-alcohol level of 0.236 when blood was drawn at the hospital more than two hours later, according to prosecutors. A nanogram of THC was also detected. A nanogram falls short of the 5 nanogram impairment threshold set by Colorado law, but was mentioned in court and considered by the judge because combined with alcohol, “it does increase the level of impairment,” according to Deputy District Attorney Brad Neagos.

Diedra and Clarissa made statements Monday in court before Savage’s sentencing.

Neagos read Diedra’s statement for her. She wrote of the fear she felt as she was unable to free her mother from the car without help, then listened as her mom kept repeating that she couldn’t breathe and her back hurt. After her mother was taken by ambulance to the hospital, Diedra’s brother picked her up and drove them to the hospital to be with their mother.

“She was really in pain,” Diedra’s statement said. “I was scared to see my mom in the hospital. I did not (want) my mom to die because I already lost my dad. She was the only one we had.”

Diedra also mentioned the difficulty and hardship of being her mother’s sole caregiver since her return home from the hospital.

Clarissa began to read her statement, then paused as her voice broke with emotion and she cried. When she continued, she said that her life has been changed forever. And she blamed Savage because of his decision to drive intoxicated.

“This was the most horrible, painful and scary time of my life,” she said. “I could have died.”

She suffered multiple injuries, which she listed to the judge, beyond those in the initial report from doctors to Colorado state troopers. She spent nearly a week in the hospital and has had to return for numerous visits since. She spoke of the hardship of having to depend on her daughter for everything from cooking and cleaning to personal hygiene.

“Three-and-a-half months after the crash, I transitioned from the walker to a cane,” Clarissa said. “The rest of my life I will have pain in my back.

“... Before the crash, I was living a happy busy life,” she said. “My passion was being a first responder. I love helping people and my community. I worked hard to earn my career but that has all been taken away from me. I will never be able to do what I love.”

Clarissa’s job as a first responder was her primary income. She and her daughter cleaned homes and offices as a secondary source of income. Clarissa faces more hospital visits and surgery as she moves forward. And because she only had liability insurance, and Savage had no insurance, she still owes $11,850 on her car, which was totaled.

“I might have to file bankruptcy,” she said. “I would love to see Mr. Savage seek treatment for his addictions while in prison. I will not find peace if he is not held accountable for his actions. He changed my quality of life. Mr. Savage’s life will pick up right where he left off. My life will never be the same. I’m asking for the maximum sentence.”

Savage, who has been free on bond since the crash, has changed his life, said his defense attorney Mary Pero. He hasn’t had a drink, attends regular AA meetings and has passed his twice-weekly urinalyses. She mentioned a family history of addiction, and read a statement from Savage’s wife saying, “he came out of this a new man.” Savage takes care of the couple’s three daughters, ages 9, 3 and 8 months, while his wife is at work. Pero also cited probation-required tests that determined Savage would likely succeed with the help of a court-ordered rehabilitation program.

Savage also gave a statement before the judge gave her verdict.

“I want to apologize to the family,” he said. “I want to help the community and move forward to make sure this never happens again.”

In prefacing her sentence, Judge Shropshire said she believes Savage wants to change and has a probability of success, but that the court has to find a balance with the suffering of the victims. Despite Savage’s remorse, he wasn’t thinking of the effect his actions would have on his kids or family, or a whole other family, she said.

“The lifelong affects on Ms. (Clarissa) John and her family are more profound in the court’s mind,” said Shropshire, who added that the “idea of harm he has caused has to be cemented in his mind.

“You are lucky she did not die,” Shropshire said while looking directly at Savage. “I hope that sticks with you. I can tell you are truly, truly sorry.”

Pero requested Savage be given a week to get his affairs in order before turning himself in. Neagos expressed concern that given a week to contemplate his sentence could lead Savage to drink and be more of a danger to society. The judge agreed that a week could add “a stressor” that Savage is not prepared for. She granted three days instead. Savage must turn himself in by 4 p.m. Thursday.

When Savage was asked by the Herald after the verdict if he wanted to say anything to the public, he replied, “Don’t drink and drive.”

gjaros@durangoherald.com



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