Appellate Court Upholds 24-Year DWI Sentence

TRENTON – A state Appellate Court affirmed the 24-year prison sentence of John Lawless, convicted in the Sept. 12, 2009 drunk-driving crash that claimed the life of Frederick Shelton, and seriously injured his wife and daughter on Route 9 in Lower Township. The decision was rendered Aug. 21.
Lawless previously appealed. The Supreme Court affirmed the Appellate Court’s remand for resentencing.
Lawless’ case was argued Feb. 2, 2015 by attorney John J. Zarych. Cape May County Assistant Prosecutor Gretchen Pickering argued the cause of the state.
Lawless pled guilty to aggravated manslaughter and received a sentence of 30 years imprisonment. He later appealed his conviction and the original sentence.
In his latest appeal, Lawless argued the court erred in considering factors beyond injuries of Brittany and Sheri Shelton when determining the appropriate amount of weight to give to an aggravating factor on resentencing.
Further, he believed the court erred in considering his prior driving while intoxicated convictions “when giving great weight to the aggravating factor.”
The state countered that the remand for resentencing did not limit the trial court’s considerations to only the injuries of the wife and daughter, and that the trial court considered Lawless’ prior DWI convictions.
On the fateful day, Lawless “blacked out while driving along Route 9 in Lower Township. He then veered into the northbound lane and collided head-on with another vehicle, killing the driver, Fredrick Shelton, and seriously injuring the two passengers, his wife and daughter, Sheri and Brittany Shelton.
“Earlier that day, defendant had consumed 12 beers at a motorcycle weekend in Wildwood, and had a blood alcohol content of .229 percent. He also was driving with a suspended license, and had four previous convictions in his home state of Pennsylvania for driving while intoxicated,” the Supreme Court reaffirmed.
After the accident, Lawless “gave the police a false name, address, and Social Security number. He also claimed that an unidentified friend had been driving his vehicle, notwithstanding that he was wearing only one sandal and the matching sandal was found between the brake and accelerator of his car.”
He was indicted by a Cape May County grand jury. On Sept. 13, 2010 he pled guilty to aggravated manslaughter, and driving while intoxicated. His original sentence was subject to No Early Release Act.
During original sentencing, the court “relied upon: defendant’s prior criminal history, which included seven driving while intoxicated arrests between 1996 and 2005, and four convictions, with “the level of alcohol in his body on the occasion of each never less than 200 percent of the legal limit…in the State of New Jersey,” and several of the incidents involving “motor vehicle accidents and the endangerment of the health and welfare of other individuals;” defendant’s history of alcohol abuse and his failure to seek treatment; and defendant’s attempt to avoid responsibility after the accident.”
On appeal by the State, the Supreme Court considered the earlier decision with respect to the aggravating factor and affirmed, holding that “given defendant’s guilty plea to only one criminal offense, aggravated manslaughter,…the sole ‘victim’ for purposes (the statute) was the deceased driver.”
When Lawless was resentenced, the court was allowed to consider an “aggravating factor.” “In its discretion, the sentencing court may consider the severe injuries suffered by Sheri Shelton and the less serious but significant injuries suffered by her daughter Brittany as part of the “nature and circumstances of the offense” inquiry authorized by (the statute). Defendant’s conduct in driving while intoxicated and colliding with the Shelton family’s vehicle not only put Fredrick Shelton at risk, but also imperiled the safety of his wife and daughter. The injuries that the surviving victims sustained in the collision between defendant’s vehicle and their own may be pertinent to the court’s review of aggravating factor one.”
The court sentenced Lawless on Aug. 29, 2013, to 24 years imprisonment, subject to No Early Release Act.
Responding to Lawless’ argument that his behavior was “not premediated or intentional,” the sentencing court noted he chose to consume a large quantity of alcohol and then drive while his license was suspended, understanding the consequences of those actions from his previous driving history, and after the collision had attempted to evade criminal culpability for his acts.
However, based upon supplemental information submitted regarding his rehabilitation efforts while incarcerated, the court chose to reduce the prior sentence by six years, “in recognition of the progress defendant seemingly had made in addressing his alcoholism.”
“The sentencing court did not err to the extent it reviewed all of the relevant facts when considering aggravating factor one, “The nature and circumstances of the offense and the role of the actor therein . . . .”
“In this case, defendant actually benefited from the court’s full resentencing and consideration of all sentencing factors anew. Specifically, because the court had the opportunity to consider evidence of defendant’s rehabilitative efforts undertaken after his original sentencing.”
The court could have sentenced him from 10-30 years.
“We have no reason to disturb the 24-year sentence imposed,” the court concluded.