Appeals court: Strickland sentence appropriate

JUSTIN BLOMSNESS /Frontiersman reporter

A Wasilla man who pleaded no contest to second-degree assault charges stemming from a deadly collision on Knik-Goose Bay Road nearly six years ago did not receive an excessive prison sentence, according to a ruling released Friday by the Alaska Court of Appeals.

The ruling also upheld Palmer Superior Court Judge Beverly Cutler's decision not to give Nathan Strickland credit for time served while he was free on bail after his arrest, saying Strickland had not shown he was "sufficiently deprived of his freedom to get credit for time served," according to court documents.

The Jan. 5 ruling comes more than five years after Strickland caused a collision that left one person dead and four others seriously injured.

Alaska State Troopers who responded to the April 28, 1999 crash said Strickland, then 23, was attempting to pass another vehicle in a no-passing zone when collided head-on with an oncoming vehicle driven by Michael Caldwell of Wasilla.

The crash occurred at Mile 8.5 of the narrow, two-lane Knik-Goose Bay Road. Caldwell, 17, was killed in the 11 p.m. crash and his 16-year-old passenger, Travis Carpenter, suffered severe head injuries. Strickland's girlfriend, Tammy Sloan of Wasilla, 40, and her son, Zack Berton, 14, were also injured in the crash.

Accounts of the incident varied, but an accident reconstruction expert said Strickland's speed exceeded 93 miles per hour and an eyewitness - who was forced off the road by Strickland - gauged his speed at around 100 mph.

Strickland contended he was driving the speed limit and pulled out to pass two cars. The second car accelerated, preventing him from passing.

A blood sample taken hours after the collision showed Strickland had a blood-alcohol level of .05, although Cutler ruled the evidence wasn't strong enough to convict Strickland of drunken driving.

Still, Cutler said Strickland "was probably going pretty fast" and made an "extremely reckless pass," whether drunk or sober, according to court documents.

The year after the crash, Strickland was charged with one count of second-degree murder, two counts of first-degree assault, one count of second-degree assault and one count of reckless driving. Strickland entered into a plea bargain with the state and pleaded no contest to two counts of second-degree assault.

According to the appeals court ruling, Cutler said Strickland needed to be deterred by a substantial sentence because he had "very recently gotten out of jail" for second-degree theft and had previously failed on probation. As a second-felony offender, Strickland faced a probable 10 years of imprisonment.

Cutler sentenced Strickland to 11 years in prison, with two years suspended. Additionally, she revoked Strickland's driver's license for 10 years and ordered him to be placed on probation for five years immediately following his release.

The appeals court upheld Cutler's decision, citing a 1983 Alaska Appeals Court case, Nygren v. State, which sets the legal precedent requiring restrictions to be "initiated by specific court order" to count for time served.

Because the conditions of Strickland's release on bail were imposed not by the court but by a private bail bondsman, who allowed him to conduct personal activities away from his residence,

the appeals court agreed with Cutler that Strickland had not been "sufficiently deprived of his freedom to get credit for his time served."

Contact JustinBlomsness at just.blomsness@frontiersman.com