New sentencing date set for man who collided with school bus

March 20, 2005

KATE GOLDEN/Frontiersman reporter

PALMER - A Valley man who sped at more than 100 miles per hour down Knik-Goose Bay Road and hit a school bus two years ago was convicted of second- and third-degree assault and will be sentenced April 8.

The new sentencing date for David L. Nelson was set after his previously scheduled sentencing date, last week, was postponed by Palmer Superior Court Judge Beverly Cutler.

He was originally charged with first-degree assault for causing harm to his wife and passenger, Karen L. Eaken, with a weapon, identified as Nelson's blue 1978 Mercury Cougar. Palmer District Attorney Roman Kalytiak reduced this charge to second-degree assault when Nelson pleaded guilty Aug. 31, 2004, on the lesser charges: two counts of third-degree assault for each injured student, one count of reckless driving and one count of driving under the influence with two or more prior convictions.

Several citizens reported Nelson, who is now 39, as a drunken driver in the Wasilla area from around 10 minutes before the crash on March 18, 2003.

At around 3:45 p.m., Nelson struck a First Student school bus as it was turning left from Knik-Goose Bay Road onto Outrigger Road, an Alaska State Trooper report said. Nelson hit the left side of the bus, behind its rear axle.

Trooper Michael Zobel responded at 4:12 p.m to find that two of the 28 students riding in the bus had sustained injuries. One girl had fluid in her knee, and a boy had a head injury. They were transported to Valley Hospital.

Nelson, too, went to Valley Hospital, as did Eaken. Both Nelson and Eaken were seriously hurt, with broken limbs and lacerations to their faces. Eaken reported to troopers after the event that she could no longer work as a cashier: She could neither stand more than two hours nor lift more than 15-20 pounds.

Nelson's blood sampled at the scene yielded traces of barbiturates, opiates and THC, the principle active component in marijuana.

At the hospital, Nelson revealed he had been driving with a suspended license. Troopers confirmed that his license had been suspended since August 2001, with no definite reinstatement date.

Kalytiak relied on Nelson's many prior convictions in his prosecution. Nelson has been convicted 12 times for driving under the influence and once for reckless driving, all in the Valley or the Seward area.

Nelson, originally held at the Mat-Su Pre-Trial Facility, was released to the Salvation Army Alcohol Rehabilitation Program on Sept. 29. SAARP returned him to jail, however, on Oct. 10, after he tested positive for methamphetamine.

He is currently being held at MSPTF in lieu of $25,000 bail plus a court-approved third party custodian.

Nelson is represented by Palmer Assistant Public Defender George Davenport.

First-degree assault is a class A felony punishable by up to 20 years in prison and a maximum fine of $250,000. Third-degree assault, a class C felony, carries a possible five years in prison and $50,000 fine.

Kalytiak will not rely on aggravating factors, which must be determined by a grand jury according to current legal interpretation, to influence Nelson's sentencing.

Instead, the district attorney is asking for Cutler to apply consecutive sentences, because each of the assault charges and the misdemeanors lumped together refer to different victims: the two students, Nelson's wife and all the potential victims of Nelson's irresponsible driving.

Kalytiak has filed a sentencing memo requesting Nelson be imprisoned for eight years for this case. He is also asking the judge to revoke probation for all combined prior convictions, which could add more than a year of prison time to his sentence.

Contact Kate Golden at 352-2284 or kate.golden@frontiersman.com.