KSFY News - Sioux Falls, SD News, Weather, SportsDavid Kinner sentenced to 9 months for vehicular manslaughter

David Kinner sentenced to 9 months for vehicular manslaughter

56-year-old David Kinner will serve 270 days behind bars for striking and killing 23-year-old James McInnes III. Kinner pleaded guilty to DUI and vehicular manslaughter charges in exchange for a lesser sentence.

Last mother's day, James, who his family called 'Tommy' was killed when Kinner failed to yield at an intersection and struck him on his bike. Tommy was in critical condition before he succumbed to his injuries a day later. 

On Friday, the judge handed down a sentence of nine months, which was very hard for the family to accept.

"She (the judge) reduced my son's life into nothing! Justice has not been served in this case!" Said Jim McInnes, Tommy's father.

Kinner did not say much in court, but when he spoke he addressed the McInnes family directly. Telling them how very sorry he is and how he wishes he could take back the events of May 9th, 2011.

The McInnes family also addressed Kinner saying they could forgive him but never forgive his actions.

"Well you know what? It's not ok, my son is gone! And he (Kinner) is walking around like it's ok and he's never shown an ounce of remorse except to his friends and his psychiatrist." Said Wendi McInnes, Tommy's Mother.

The judge weighed the testimony and all the facts of the case before determining the sentence reached in the plea agreement was sufficient. So the judge suspended Kinner's 10 year prison sentence.

"It's ridiculous! What kind of message are you sending to the public? Go ahead do your drugs, go ahead kill someone it's alright! See judge Houwman, she'll let you off." Said Jim McInnes.

After the plea, the maximum penalty Kinner could have faced was one year in the county jail. But he will only serve nine months because this was his first DUI conviction.

"This time he killed someone and if he's allowed to drive he could do this again! I hope and pray that doesn't happen to another family." Said Barbara Walker, Tommy's Grandmother.

The McInnes family say they will do everything they can to move on without the punishment they feel is just, leaving the ultimate decision to a higher power.

"He will on his judgement day, he will face a better judge and he will pay for his crimes and his sin, I'm convinced of it. This judge wont do it? Well God will!" Said Jim McInnes.

Kinner will be on probation for three years following his release. the ten year prison sentence is suspended as long Kinner does not have any misdemeanor or drug offenses for the next ten years.

Tommy McInnes leaves behind two children who will never know their father. Something the family says is the real tragedy of this story.