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'Devastated Our Family': Woman Sentenced in St. Clair Crash That Killed Two
By: Nathan Woodside, St. Clair Missourian Editor
10/09/2009
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More than 40 family members and friends of Robert (Darryl) Andrews and Tammy L. Brockmeier filed into Franklin County Circuit Court on Thursday. All solemn, they wore buttons in memory of their lost loved ones reading, "Forever in My Heart," under a portrait of the couple.

They were there to witness the sentencing of Lori Kinney, a 45-year-old Gerald woman who crossed the centerline on the Interstate 44 north outer road in St. Clair on a Tuesday night in June of 2008, hitting the Harley-Davidson the couple was riding on head-on with her 1998 Chevrolet S-10 pickup truck.

Andrews was pronounced dead at the scene. Brockmeier died several hours later at St. John's Mercy Medical Center in Creve Coeur.

When police tested the blood alcohol level of Kinney, it was 0.18; more than twice the legal limit.

Kinney was on her way back home to Gerald that night, the couple were heading back to Brockmeier's house in Union, where her 6-year-old son, Nathan, waited for his mother to return.

"When Tammy went out the night she was killed, she told Nathan he could wait up for her to tuck him in," said Karen Poetz, Tammy's sister, during victim impact statements. "Nathan was still waiting on his mommy when the officer knocked on their door that morning."

Last month, Kinney accepted a plea deal from Franklin County prosecutors to spend seven years in prison for involuntary manslaughter, avoiding the maximum sentence of 15 years. She began serving that sentence Thursday.

Under state statutes, any driver who involuntary kills more than two people while having a high level of alcohol in their system is automatically charged with a Class B felony, meaning Kinney will have to serve at least 85 percent of her sentence.

Several family members of the victims spoke during the sentencing, many more submitted written statements to Judge Gael Wood.

"I recently saw a drunk driving commercial that said drunk drivers don't kill all their victims," said Mike Lane, Brockmeier's oldest brother. "I would add to that drunk drivers don't kill all of their victims suddenly. Some of them die slowly from heartbreak and grief. This tragedy has broken the hearts and devastated our family."

Lane added that the last few years of Brockmeier's life were tough. Her husband died two years ago from leukemia and her son, Nathan, has battled a heart condition from birth.

"Tammy cared for both of them with amazing determination," he said.

Mike Lane and his sister, Sandy Lane, both asked that Kinney never have the opportunity to drive again when she is released. If she is, they asked there be an interlock device installed in her car to ensure she doesn't drive drunk again.

Judge Wood said that decision wouldn't be up to him, but made by officials in the Department of Corrections.

"On June 7, 2008, a life sentence was given to the brothers, sisters, nieces, nephews and friends of Tammy and Darryl, a life of grief, sadness and question," Sandy Lane said. " Why does this kind of tragedy happen?"

Prior to sentencing, Kinney tearfully gave a statement to the court and the families present.

"The words I'm sorry aren't nearly enough for what I've put this family through," she said. "If I could trade places with Darryl and Tammy, I would. I feel bad for having devastated their family."

Kinney, who sustained moderate injuries in the crash, added that she felt very sorrowful for the children who will grow up without parents and wishes she could help them in some way.

Judge Wood also addressed the court.

"In situations like this, I always feel that I wish there was something I could say to everyone involved," he said. "Clearly, many lives have been devastated by the act. Unfortunately, I don't have the words to soothe anyone."

He added that he hopes everyone involved can find some form of solace in their lives.

Following the proceedings, Poetz said that she felt prosecutors went easy on Kinney, offering her the seven years.

She cited the Larry Clay case in which an infant died. Clay is suspected of the murder and was offered three years by prosecutors. Earlier this week, Judge Wood denied Clay's deal.

"I felt like she (Kinney) deserved more of a sentence," Poetz said. "Seven years is a pretty low sentence for two deaths. I felt like she could have gone to a jury trial and gotten the maximum, but she ended up with a deal of seven years. I just wasn't satisfied with that. It just wasn't long enough."

Poetz said the incident has been terrible for the family and it's made her question DWI laws in the state. She said she plans to follow Kinney through the justice system to encourage that tough restrictions are put on her right to drive when she's released.

Poetz didn't seem to find much comfort in Kinney's apology.

"I think she was probably as sincere as she could be," Poetz said. "Anybody who's up there and has killed someone, to some extent, they have to feel sorry... I feel like it's going to take awhile for her to learn her lesson."


©Washington Missouri 2010

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Reader Comments
Added: Tuesday November 17, 2009 at 06:13 PM EST
'Devastated Our Family': Woman Sentenced in St. Clair Crash That Killed Two
It is a sorry world we live in where the value of 2 human lives lost and the incomprehensible devastation placed on the family left behind is only seven years. We are talking about a repeat offender. Kinney was allowed to visit a relative for Thanksgiving last year while under house arrest. Darryl Andrews and Tammy Brockmeier couldn't visit any relatives for Thanksgiving - not last year or any years to come. Tell the family where the justice is in that. Seven years. These families will never know the joy of seeing these loved ones again. Children will never hear their mother's voice or feel her hugs again. Seven years. Our laws for drunk driving, murdering, repeat offenders are written to protect the offenders, not to protect the living.

Something is very wrong here. Something needs to be done to correct this.
Gloria Obermark, O'Fallon, MO
Added: Thursday October 15, 2009 at 02:16 PM EST
Devastated Family
If anyone can help make the laws directly affect the Drunk Repeat offenders!!! They need to step up now. I think all Drivers Education classes and high schools should show the damage drunk driving does beyond the crash! They should all have to feel the pain the families feel when they get a DWI even if they didn't kill anyone YET! Once they do KILL- the sentence needs to be higher! With no mercy if you are a repeat offender!! Come on- why do we keep giving them more chances to kill more people! God Bless the families who have suffered the loss.
Brebnda Saxe, Troy, MO
Added: Sunday October 11, 2009 at 01:05 AM EST
A Prior Habitual Offender
As a prior habitual offender I'll have to agree with Michael , they leave these "loopholes" knowing they themselves will one day have to use them.
By the grace of God I did not kill any one but it was in no way because of any action on my part.
Going to jail for my 3rd DUI was the best thing that ever happened to me , & hearing Judge Davis say I was a menace to the citizens of Missouri made me realize I had to change, I met far more people in prison who had committed vehicular manslaughter than ever I would of imagined.
Having to face the consequences for my actions helped change me & probably saved some lives into the bargain, this was a tragic situation & my prayers go out to all involved.
Finally sober, Missouri
Added: Saturday October 10, 2009 at 11:55 AM EST
Nathan thanks for your report. All across our country this same type of tragedy is occurring everyday, someone looses a loved one to a drunk driver, the drunk if found guilty or takes the plea gets a light sentence. Makes you wonder why?
If Tammy or Darryl where some kind of celebrity there would be calls from the public for Kinneys head. Seven years for killing two people. The general public and even the government view these as tragic accidents this was no accident, Kinney had a history of drunk driving and was on an Ignition Interlock just prior to this it was taken off.
You see accidents are when someone accidentally does something, gets distracted crosses the line, runs a light, bumps you at a light whatever, I am not saying these are not serious some are but there accidents.
This was a tragedy waiting to happen helped along by our system that views drunks with humor. You dont accidentally get drunk and drive a motor vehicle, its a choice you make, no different than taking a loaded gun out in public and shooting randomly into a crowd of people, you wouldnt call that an accident. Until we get serious about this type of crime it will continue, drunks arent deterred from driving when they read this story.
In a few states you can get up to 5 years for a 3rd DUI when no deaths are involved. Prosecutors in Missouri and most other states routinely plea these cases down, as was this one, Kinney could have received 15 years but was offered a plea for 7 and will only have to serve 85f that. Prosecutors in my opinion are not aggressive in these cases and seem to have no interest in protecting the communities they are suppose to be serving. To be honest (this is going to sound red neck, get ready, oh well cant hide my stripes,) I think law makers/politicians are afraid to write harsh drunk driving laws/pursue killers aggressively because they know at some time they or a colleague will likely have to face those laws, unless they can wiggle out which most of the time they do. Damn you say what was that? Give me another reason to believe otherwise.
You reading this story you wont care until it happens to your family, your sister, daughter, son, mother, father ect. Then it will be to late.
Michael Lane, Kansas City Missouri

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