An Ignacio man charged with careless driving causing death was sentenced Tuesday to three years of probation and 100 hours of community service.
La Plata County Judge Dondi Osborne said she was reluctant to accept David Lemon’s plea agreement with the 6th Judicial District Attorney’s Office.
“What this means for you is that you must do very well on probation,” she said. “If you come back again, I’d feel very inclined to sentence you to jail.”
Lemon was driving east toward Ignacio on Colorado Highway 172 near mile marker 19 on Sept. 23, 2016, when he lost control of his 2003 Dodge pickup, crossed the center line and ran head-on into a white 2008 Toyota Rav4 driven by John Vandegrift, who died at the scene of the crash.
An autopsy revealed that Vandegrift had a blood-alcohol level of 0.08, which under Colorado law would be considered driving under the influence. Prosecutors believed the blood-alcohol level of Vandegrift “could have injected doubt in the case” should it have reached trial and decided to reach a plea agreement.
At the time of the crash, there was no indication that Lemon was under the influence of drugs or alcohol. However at a pre-sentencing hearing, Lemon tested positive for methamphetamine.
Osborne was hesitant to accept the plea agreement, citing Lemon’s extensive criminal history, which included incidents dating back to 1980.
“It’s awful across the board, in terms of driving and everything else,” she said.
Lemon’s public defense attorney, Christian Izaguirre, said Lemon attempted to reach out to the family after the crash but was advised against it by his attorneys. As part of the sentencing, Lemon must write a letter to the Vandegrift family and submit it to the court, which will decide whether to pass it on to the family.
Lemon, who was emotional throughout the hearing, addressed the court and asked Vandegrift’s wife, Mary Jane, who participated in the hearing via telephone, for forgiveness. She said she forgave him. Lemon said he wanted to use counseling in an effort to deal with the grief the accident has caused.
The Vandegrifts, who are from Littleton, were in the Durango area to attend the Colorado Gold Star Parents Weekend for families who have lost a child since 2000 while serving in the military. Their son, 1st Lt. Matthew Ryan Vandegrift, died April 21, 2008, from injuries he suffered from a makeshift bomb that exploded in Basra, Iraq, according to The Denver Post.
asemadeni@durangoherald.com
