Marysville Appeal-Democrat

Man sentenced to one year in jail for DUI collision with injury

- By David Wilson dwilson@appealdemo­crat.com

All eyes were on one man inside a Sutter County Superior Courtroom on Friday. California Highway Patrol Officer David Gordon slowly made his way to the witness stand to give his victim impact statement during the sentencing of a man who struck Gordon with a vehicle while the driver was drunk.

Lucas Nelson was placed on five years probation and ordered to serve one year in Sutter County Jail after pleading in February to charges of felony DUI causing injury, hit-andrun resulting in permanent serious injury, and misdemeano­r resisting, delaying or obstructin­g a peace officer. As part of the plea, both sides agreed that Nelson would be placed on probation but whether he would serve jail time would be up to the court.

Gordon, 44, wore a suit and walked with a limp. In October 2019, Gordon was on duty directing traffic on Highway 99 at Lomo Crossing when he was struck by Nelson’s vehicle. Nelson was drunk and after hitting Gordon attempted to flee on foot even after being handcuffed.

Gordon suffered breaks to his legs, pelvis, face, jaw and shoulder blades. As he began to speak on Friday, Gordon broke down crying and did so throughout his statement. He addressed Nelson and described his time in the hospital and recovery. He spent more than four months at UC Davis Medical Center before continuing his recovery at home.

“Everything you learn as a young child I had to learn again,” Gordon said.

Even after months of rehab, Gordon said he can’t run, can barely jump and experience­s back pain after walking for an extended period. He said he still deals with pain and numbness throughout different parts of his body. He said the emotional toll Nelson’s actions caused to him and his family was as extreme as his physical pain.

“It is completely unfair the damage you have done to my wife and two sons,” Gordon said.

Gordon said Nelson should provide compensati­on to him and his family for the medical fees he incurred, the renovation­s to his home to accommodat­e his injuries and loss of wages.

“But I’m not mad at you and I forgive you,” Gordon said to Nelson.

Gordon’s wife, Tinna, spoke next and recounted being woken up in the middle of the night to be informed that her husband was seriously injured and waking up her 12-year-old son to tell him what happened.

“My life was forever changed from that moment on,” Tinna Gordon said.

She said she had to relocate to the Sacramento area while Gordon was in the hospital to authorize medical care because her husband could not. She then addressed Nelson’s mother, who sat in the courtroom gallery.

“Put yourself in my position,”

Tinna Gordon said. “...What do you think a punishment should be for how he derailed our lives?”

Gordon’s children, who were nine and 12 at the time of the incident, were not able to see their father for 16 days due to his condition.

She said just as her husband was confined to his hospital bed, Nelson should face jail time. Nelson bailed out of custody the day he was arrested.

“This could have been prevented,” Tinna Gordon said. “His actions were reckless, the result has changed our lives forever ... I am broken inside.”

She said her husband’s medical bills totaled “millions.”

Gordon’s mother, Yvonne, made a statement and held up two large printed photos of what Gordon looked like in the emergency room soon after being hit. She recalled seeing the police bring Nelson into the ER and looking directly at him and realizing how young Nelson was.

Yvonne Gordon said she believed Nelson’s actions warranted jail time and that being in custody would make him realize the gravity of his actions.

“You made a bad, bad decision,” Yvonne Gordon said. “...There are always consequenc­es.”

She echoed her son in saying that she did not hate Nelson for what he had done.

“I do not want harm to come to you,” Yvonne Gordon said.

Gordon’s friends, Kari and Jason Williams, also made statements during the sentencing. Jason Williams read a statement written by Gordon’s son, Dylan, who was 12 when his father was injured. Dylan stood behind Williams as his statement was read.

Dylan Gordon said he was scared that his dad wasn’t going to survive his injuries and that it was difficult to see him in so much pain.

“He took away a part of my dad I had all my life,” Jason Williams read from Dylan’s statement. “I wish he could give my dad back.”

Sutter County Deputy District Attorney Diego Heimlich asked Judge Susan Green to follow the recommenda­tion of the probation department and order Nelson to serve one year in jail. He said it was a miracle that Gordon survived and that Nelson has been running from his actions ever since the night of the incident. Heimlich pointed to Nelson fighting the case nearly all the way to trial.

Prior to being sentenced, Nelson addressed the Gordon family, friends and members of law enforcemen­t who attended the sentencing. Nelson said the incident replays in his head everyday.

“You don’t deserve what I’ve done to you,” Nelson said. “...I am sorry, I truly am ... What I serve won’t take back what I’ve done to you.”

Green placed Nelson on probation and ordered him to serve one year in county jail. She said the timing of Nelson’s plea did not play into her decision.

“I don’t feel the late plea was a delay tactic,” Green said.

She ordered that Nelson cannot buy, possess or consume alcohol during probation and cannot be in a location where alcohol is the chief item of sale. He will have to complete a DUI program and an ignition interlock device will be placed on his vehicle during probation.

After reading out the terms of probation, Nelson stood up and was handcuffed by the bailiff in court and led out.

“Bye, Lucas,” Nelson’s mother said through tears as he was led out of the room.

A restitutio­n hearing was scheduled for July 23 at 9 a.m. to determine how much victim restitutio­n Nelson will have to pay to Gordon and his family.

Newspapers in English

Newspapers from United States