Woman gets year for crash that killed man
A Macomb Township woman was sentenced Thursday to one year in jail for the drunken driving vehicle crash that killed an elderly Grosse Pointe man.
The one-year term for Morgan Coley, 21, however, was not harsh enough for Hans Schwallbach III, the son of Hans Gerhard Schwallbach Jr., 81, who was killed in February 2019 crash in Clinton Township. Schwallbach is survived by two sons, a wife and three grandchildren.
“When it was brought up that maybe one year in county (jail), I nearly threw up,” Hans Schwallbach said of learning about a sentencing agreement between the judge and defendant. “Just on these children’s lives of not being able to see their grandfather, the punishment needs to be waymore severe.”
But on the other hand, the victim’s widow, Helga, asked for no incarceration for Coley because she didn’t want to “ruin” her life.
“She is of the belief no jail or prison time is going to bring justice in this case,” victim advocate Van Laan told the judge of Helga Schwall-bach’s wishes. “It is her stance Morgan not serve prison or jail time because she believes that that will ruin Morgan’s life and she would like to see her become a productive citizen.”
Helga Schwallbach and her other son did not attend because they are so distraught.
“She didn’t have the strength to be here,” Hans III said of his mother.
Judge James Biernat Jr. said he had to balance the wishes of the two family members aswell as consider Coley’s lack of a prior criminal record.
After serving one year, Coley will have to wear a GPS tether and spend six months on house arrest and serve three years probation.
Coley was drunk the night of Feb. 21, 2019, when the 2018 Dodge Ram she was driving north on Utica Road north of 15Mile Road crossed over the center line of the road and collided with a southbound Ford Explorer driven by Schwallbach, police said. The victim, who was driving alone on the way home from a card game with friends, was transported to Henry Ford Macomb Hospital in Clinton Township where he died the next day.
Coley blood-alcohol content was .10 percent, police said. She and her boyfriend, whowas inher vehicle, were not seriously hurt. Coley said her boyfriend also was too drunk to drive.
Coley previously pleaded no contest charge of operating while impaired by drugs and/or alcohol causing death.
Attorney Stephen Rabaut, representing Coley, asked the judge for probation, noting Coley’s troublefree past, stating she has had no bond violations and has continued to work and pursue her education.
Coley wept and was apologetic during the remote hearing shown by video over Zoom. She appeared alongside Rabaut.
“I know nothing I say or will do canmake up for the mistake I made,” she said.
“I am truly and deeply sorry for what I have done. I will carry this on for the rest of my life.”
Hans Schwallbach further told the judge his father was “not a saint” but was “a very good man.” His father was healthy and had many productive years left, he added. His mother lived to age 110, he said.
“He had a long life but he still had a lot of life left in him,” he said.
His mother and father were married 50 years.
The day before he died, his father was playing with two of his grandchildren, Schwallbach said.
“He was stolen from us …, all the life events my kids don’t get to have their grandfather at,” he said. “All ofmy kids miss their grandfather.”
He said his father was born in Estonia.
“He lived through the Russians taking over his town, he lived through a refugee camp, becoming a U.S. citizen,” he said. “He was in the U.S. Army. He had a GI Bill paid for college, became an engineer at Ford and taught us (his children) right from wrong.”