State Supreme Court denies drunk driver's appeal
BATON ROUGE - The State Supreme Court denied an appeal by convicted drunk driver Brett Gerald that his 35-year sentence for killing seven people while driving intoxicated was excessive.
The ruling was handed down Friday.
Gerald was found guilty in the 2012 crash and was originally sentenced to 70 years in prison then re-sentenced to 35 after the Louisiana Supreme Court ruled in a separate case that homicides were a crime of violence and offenders needed to serve nearly 90 percent of their sentence.
Gerald's attorney, Tommy D'Amico, argued his client received an unfair sentence. D'Amico argued the law only allows an offender to receive up to 30 years for a single transaction crash. D'Amico has previously said a fair sentence in this case would be between 10 to 15 years for the seven deaths.
Despite the appeal being denied, victims' family members are concerned how one justice worded his writ, the court document outlining the decision. They believe it allows Gerald another out to exercise his legal options.
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