Thursday, January 28, 2010

The Maximum Sentence Handed Down For Ian Kinneys Killer

On the morning of January 8, 2010, almost 18 months after killing both our 19 yr old son Ian Kinney and Joseph Edwards and horribly injuring Ian's girlfriend Tessa Maderis in a drunk-driving crash, Judge Herbert J. Exarhos sentenced Shannon Kelly Shimp to the maximum sentence possible for his crimes, 16 years. Shimp will have to serve at least 85% of the time... a minimum of 11 years in prison.

Shimp, 36, was convicted of two counts of gross vehicular manslaughter and driving under the influence causing death or injury to 3 persons after a trial in September. Shimp was intoxicated ( .19 ) and had methamphetamine in his system when the flatbed utility truck he was driving with reckless and depraved indifference, spun out of control, launching and crash-landing on top of Ian's 1996 ES 300 Lexus, on a stretch of Hwy 78.

Tessa said, "I went through the most horrible thing anyone should ever go through. I had to watch my boyfriend die in front of my face, not being able to do anything about it."

Ian's mother, Debbie and I, Ian's two brothers Derek and Jacob, both sisters-in-law Chandra and Katie, his uncle Steve and others addressed the court before sentencing. "How many people have to be killed before our laws change to protect these innocent victims? Why do we have a 'War on Terror', a 'War Against Drugs' and not a War Against DUI Murderers? We lose more people in this country to the thoughtless actions of drunk drivers than we do in our war in the middle east." Pleaded Debbie.

I told the court, "Ian was our baby, youngest of three sons of which we are very proud. Ian was 14 when our home burned to the ground in the 'Cedar Fire'. Ian worked beside me summers and weekends as we rebuilt our home becoming a skilled carpenter and a fair electrician. He had just been accepted into a union carpenter apprenticeship program days before his death. He also looked forward to continuing his higher education. Never more.

Ian's legacy will be his warm smile and easy laugh, his kindness to strangers, loyalty to friends, his willingness to offer his hand to make our burden lighter, his good natured and spirited horsie-back-rides with his young nieces, his self-deprecating humor and love of family... a fully fledged humanist: a person with a strong concern for human welfare, values and dignity."

Shimp was unfortunately acquitted of the more serious charges of two counts of second degree murder. "I'm just so very sorry," Shimp said in court. "If there was anything I could do to make things right, even if it meant give my life for theirs, I would do it in a second."
Shimp's father also spoke, directly to our family, he asked for our understanding, that he was ashamed for the actions of his son of that July evening. The judge called it genuine remorse. "Still", he said, "it does not change what happened that night."

We very much appreciated the opportunity to speak to the court and Shannon after months of sitting silently in the courtroom. It felt right to get some things off of our chest and onto the record. Does any of this bring back, Ian? No.
But, Ian knows we as a family and community vigorously supported the strident prosecution and ultimate sentencing of his murderer.

To all of you who attended endless legal hearings and trial proceedings, thank you so much for your strength, love, support and encouragement. May, Ian Rest in Peace.

Sincerely, Scott Kinney

Sunday, January 3, 2010

Sentencing will be Friday January 8, 2010

Sentencing for Shannon Kelly Shimp will happen on Friday, January 8, 2010 at 9am in Dept. -17 El Cajon Superior Court, El Cajon CA.
Shannon was convicted by a jury in September 2009 of;
COUNT 3: PC191.5(a) GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED
WITH PC12022.7(a) X 2 PERSONAL INFLICTION OF GBI
WITH VC23558 DRIVE AND CAUSE GBI OR DEATH TO MORE THAN 1 VICTIM
COUNT 4: PC191.5(a) GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED
WITH PC12022.7(a) X 2 PERSONAL INFLICTION OF GBI
WITH VC23558 DRIVE AND CAUSE GBI OR DEATH TO MORE THAN 1 VICTIM
COUNT 5: VC23153(a) DRIVING UNDER THE INFLUENCE OF ALCOHOL CAUSING INJURY
WITH PC12022.7(a) X 3 PERSONAL INFLICTION OF GBI
WITH VC23558 DRIVE AND CAUSE GBI OR DEATH TO 3 VICTIMS
COUNT 6: VC23153(a) DRIVING UNDER THE INFLUENCE OF ALCOHOL CAUSING INJURY
WITH PC12022.7(a) X 3 PERSONAL INFLICTION OF GBI
WITH VC23558 DRIVE AND CAUSE GBI OR DEATH TO 3 VICTIMS
I will speak on behalf of Ian and his family as will one of Ian's brothers. We will ask the judge to sentence Shannon to the maximum time allowable; 18 to 24 years... We wish it were for life, alas a life sentence is one we Ian's family and friends will serve. This woeful tragedy which began with Shannon's selfish lack of care or concern for the life and welfare of his fellow motorist and culminating in a horrific crash that crushed the life from Ian and Mr. Edwards, grossly injured Tessa Maderis and ripped a bleeding hole in our hearts will hopefully and finally come to a just end Friday. Scott Kinney