Justice has been served in the case of a Kansas man who pleaded guilty to motor vehicle homicide—DUI, with a prison sentence being handed down by Box Butte County District Court Judge Travis O’Gorman on Monday afternoon.
Edward Vierk, of the Nebraska Attorney General’s Office, described the events leading up to the crash on April 10 that claimed the life of Blythe Boness, of Alliance, noting that she had just dropped off her fiance to pick up a used truck. He explained that her fiance was driving the truck behind Boness. Boness was traveling in her vehicle with their dogs.
Vierk explained that McElroy, who started drinking that morning and ran out of alcohol, made the decision to drive to pick up more alcohol. Vierk said he was driving on a suspended license and that there was a warrant for his arrest in Kansas.
While he was driving, McElroy crossed the center line into the eastbound lane of Highway 2 near mile marker 92.5, which was where Boness was driving. Boness made an evasive maneuver toward the north shoulder, Vierk said, and McElroy returned to his lane, striking Boness’ vehicle, causing her to be ejected. Vierk explained that Boness’ fiancé came upon the crash scene shortly after it happened.
“The worst nightmare possible: he finds his fiancé underneath her vehicle,” said Vierk. “Mr. McElroy’s actions and choices that day made it the worst day of their lives.”
Vierk said that at the scene of the crash McElroy admitted to looking at his phone just before the crash occurred. He also addressed issues he expected the defense to bring up, including the speed at which Boness was traveling, her not wearing a seatbelt and the possibility of her looking at her phone. He emphasized that this is a criminal case, not a civil one, noting that they do not blame the victim in this case.
McElroy was flown to Regional West Medical Center from the scene of the crash to be treated for his injuries. There, he refused to submit to a test until a warrant was issued. The test showed that McElroy’s Blood Alcohol Concentration was 0.235 hours after the crash occurred. The legal limit in the state of Nebraska is 0.08.
Vierk asked Judge O’Gorman for a lengthy sentence to reflect the severity of the crime and to take into account McElroy’s criminal history, which includes two prior convictions for Driving Under the Influence.
Stacy Bach, who represents McElroy, noted that she knew she would not be popular for taking on this case, but that was her obligation as defense counsel. She said that when she spoke with McElroy, he told her that he was guilty, noting that he did not want to put the family through the trial. She explained that for a long period, McElroy received treatment for his alcohol use and that he went without major convictions for many years. She emphasized that the two previous DUI convictions took place in 2008.
Bach explained that McElroy turned to alcohol due to the grief of losing his mother. She asked Judge O’Gorman for McElroy to have the opportunity to get out of prison at some point in his life, asking for a medium to high range of years in the sentence.
Following the request from Bach, McElroy spoke to Judge O’Gorman and those inside the courtroom, noting that words can not make up for the choices he made that day.
“Nothing I say will return what’s lost or heal their broken hearts,” McElroy said. “’I’m sorry’ is not enough. I wish I could go back and do better.”
Judge O’Gorman shared his condolences with the family and friends of Boness who were present at the sentencing.
“I wish there was something magical that I could say today to take away the pain and hurt and anger in this room, but I’ve been doing this long enough to know that’s not possible,” said Judge O’Gorman.
Judge O’Gorman cited McElroy’s history and the severity of the crime in his sentence, noting McElroy had a high risk to reoffend.
“You must be held accountable under the law for the horrible choices you made,” Judge O’Gorman said.
McElroy received a sentence of not less than 45 years and not more than 50 years in prison, with credit for 108 days served, a 15-year license revocation and he was ordered to pay the cost of the prosecution. Assuming he loses no good time, McElroy will receive a mandatory discharge in 25 years.