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Incentive for non-compliant diabetic patientsFrom: Lynn D. Montgomery, M.D. (apgar10@montanadsl.net)Tue Oct 7 13:40:04 2003
For those of us that struggle with diabetics who are non-compliant, here is a good argument to present them with. Driver apologizes for death By Michael Benedict The Forum - 10/07/2003 More than 14 months after killing a Moorhead man, Mark Andrews apologized Monday to the victim's family. Andrews, 48, suffered a diabetic reaction Aug. 2, 2002, and drove his pickup into Robert Yanez, 50, at a bus stop on 20th Street South in Moorhead. On Monday, a Clay County District Court judge sentenced Andrews to 45 months in prison. "I would like to say how sorry I am to the Yanez family for what happened," Andrews said at his sentencing hearing. The apology was welcome news to the victim's family, who was pleased with the prison sentence. Andrews was convicted on two counts of criminal vehicular homicide in August of this year. "My family feels very good," said Fabian Yanez, the victim's brother. "It brought closure to a tragic accident. "We're feeling justice was served," he said. Andrews didn't eat properly to control his diabetes when he drove into Yanez, said Judge John Pearson. He also had meth in his urine the day Yanez died. Prosecutors didn't charge Andrews with a drug violation. "But it was in your system," Pearson said. In issuing the sentence, Pearson urged the Minnesota Department of Public Safety to never again give Andrews a driver's license. The apology was the first time the Sabin, Minn., man publicly acknowledged his grief to the victim's family, but that's because his attorney told him to wait. "Mark was devastated when he found out what happened," said Bruce Quick, Andrews' attorney. "He's been remorseful from day one." As he would in any criminal trial, Quick said he told his client not to apologize before a conviction to avoid further charges or civil suits. Andrews' family also expressed their remorse to the victim's family after the court hearing. "I'm happy with the sentence," said Lori Zaleski, Yanez's niece. "Hopefully, it will give him enough time to realize what he did." Quick asked Judge Pearson for a downward departure from a Minnesota sentencing guideline that called for 44 to 52 months in prison. He asked the judge to sentence Andrews to one year in jail and 10 years of probation because Andrews didn't intend to kill Yanez. Chief Assistant Clay County Attorney Ken Kohler argued there were no grounds for a lesser sentence. Court records say: A police officer noticed Andrews' pickup weaving in the street before the accident and was in the process of stopping the driver when Yanez was struck. Andrews told police he ate breakfast the morning of the accident, but only candy the remainder of the day. He suffers from severe diabetes. He must serve at least 30 months of his sentence.
-- Lynn D. Montgomery, M.D. Rocky Mountain Women's Health 2835 Fort Missoula Rd., Suite 303 Missoula, Montana, 59804 406-549-0978 fax 406-549-0987 e-mail: apgar10@montanadsl.net
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