BY JOHN FERAK WORLD-HERALD STAFF WRITER PLATTSMOUTH, Neb. - A Bellevue man with two prior drunken driving convictions will be sentenced next month for killing a 57-year-old Elmwood farmer during an alcohol-related crash last summer.
Jacob Drewes, 22, will be sentenced April 16 before Cass County District Judge Randall Rehmeier on a charge of felony motor vehicle homicide. Drewes pleaded no contest earlier this month. The conviction carries a maximum term of 20 years in prison and a fine of $25,000.
Under a plea deal, the defense attorney and prosecutor will ask Rehmeier to impose a prison term of five to six years for Drewes' role in the crash that killed Leroy Vogt.
The attorneys also agreed to recommend that Drewes' driver's license be revoked for 15 years, but the judge will have discretion to impose whatever sentence he deems fit, said Assistant Cass County Attorney Steven Sunde.
"I am not going to predict what he does, but usually, he follows the recommendations," Sunde said. "There are no guarantees."
On Aug. 3, 2006, Drewes' pickup truck collided with Vogt's all-terrain vehicle around dusk. The head-on crash occurred on a gravel road in rural Elmwood.
Vogt died from severe head and internal injuries. Drewes was not injured.
Drewes was on his way home from a job site in Eagle, where he worked on an excavation project. His blood alcohol content after the crash registered 0.089, Sunde said.
Nebraska's legal limit is 0.08. Drewes had two prior convictions in Sarpy County for driving under the influence, in 2002 and 2004. He was driving on a suspended license at the time he struck Vogt.
"I know Jacob feels terrible about the accident," said his defense attorney, Matthew Knoblauch. "I think neither one of them saw each other prior to the accident. They were on a hilly, gravel road coming at each other, both driving in the middle of the road. There were clouds of dust in the air."
Since December, Drewes has been incarcerated at the Omaha Correctional Center for violating terms of his probation from an earlier drunken driving conviction, Knoblauch said.
"Jacob has been attending substance abuse treatment and counseling while in jail," Knoblauch said. "For the most part, this is a good kid."