Scott Folkerts, 32, of Lubbock was sentenced Monday to six years in prison for the death of Drew Baize. Folkerts pleaded guilty to vehicular manslaughter last week.
Folkerts is not in prison yet, however, because his attorney Daniel Hurley is in the process of filing a motion for an appeal. In the meantime, Hurley said that Folkerts is being monitored by a GPS ankle bracelet.
“The judge has already ruled against us saying there was a deadly weapon finding, and we intend to have an appellate court determine whether or not that’s a proper ruling,” Hurley said. He explained that he objects to the ruling that the vehicle was a deadly weapon. If that ruling is not overturned Folkerts will be obligated to serve out half of his sentence (three years) without parole, Hurley explained.
“We thought it was a case that merited probation, we understand why the family was opposed to that and that’s why these tough decisions sometimes a judge has to make,” Hurley added Monday.
Police said Folkerts was driving more than 100 miles per hour and crashed into several vehicles at 82nd Street and Slide Road in April of 2013. In court last week, police estimated the speed of Folkerts’ Honda Civic to be 133 miles per hour.
Baize died at the scene. Two other people were injured in the crash.
The judge issuing Folkert’s sentence explained to recalled the first case he’d worked with involving a family who lost a loved one in a car crash. He explained to Folkert that the family he worked with in 1985 is still alive, and still suffer from their loss.
Baize’s mother Myrna Hill gave an emotional victim impact statement Monday, through tears, she recalled what her son was like:
“He was a super person, he was 36 when this crash occurred, Drew never asked for much,” she said.
She spoke directly to Folkerts during the statement, wishing him to choose goodness going forward.
“As I was telling Scott in the courtroom, he and I both, and every one of us, we have a choice because there’s a spirit of evil and a spirit of good for each one of us,” she recounted.
Hill had been anxiously awaiting for this portion of the legal process to be behind her, but the road after this sentencing won’t be easy, she said.
“My mourning and grieving process is never going to end, because I want to see him, that’s where my human limitations come in,” Hill explained
She hopes her son’s story serves as a tale of caution for other young adults.
Assistant District Attorney Tom Brummett who represented the state in this case explained that Hill’s words in the courtroom on Monday may leave a big impact.
“There were some people in that court room that have been doing this for a lot of years, but when Ms. Hill, the victims mother did what she did, and showed the kindness, the forgiveness and the grace that she did, I can tell you it impacted a lot of people in that court room, and probably has longer reaching impacts than we’re going to know,” Brummett said.
Brummett explained that there was a question of alcohol use in this crash but the state opted not to pursue it.
“Because of the facts of this case, and the way evidence was retained, it was more beneficial for us to simply allege alcohol consumption as a reckless act among all of the reckless acts, and pursue it as manslaughter,” Brummett explained.
Baize’s mother testified last week, “This is something that totally changes your life. Drew is not coming back.”
Baize’s father testified, “There is not a day that goes by that I don’t think about it and it will never go away.”
Also last week, Baize’s defense attorney, Dan Hurley, questioned another driver from the crash in court. Hurley asked if she was engaged in an unsafe lane change.
She answered, “I wasn’t driving 135 miles per hour.”
The punishment range for Folkerts in this case was between 2 to 20 years.