Stoddard County man given 15 years for causing fatal crash while drunk

BLOOMFIELD, Mo. -- For the first time since his admitted criminal negligence caused the death of a local businessman, James E. Jankowski was taken into police custody.

Forty-one-year-old Jankowski was arrested following the handing down of a 15-year sentence by Presiding Circuit Judge Stephen R. Sharp Wednesday morning at the Stoddard County Justice Center. Jankowski had previously plead guilty to the Class B felony of involuntary manslaughter in the death of Richard "Rick" Watkins, 48, of Dexter.

Jankowski's attorney and public defender, Catherine Rice, made a strong argument before Sharp during the sentencing hearing hoping that Jankowski would receive a lesser sentence. As it was, Jankowski was sentenced to the maximum amount of time for a Class B felony.

"I have known [Jankowski] for several years through the criminal justice system ... and I think it is important to know how remorseful he is and that I have heard him apologize for what he has done," said Rice before turning to the victim's family members and friends seated in the courtroom and saying, "He can't feel the pain you are feeling, but he has had tragedy in his life as well. He would trade places with [Watkins] if he could."

Rice went on to tell Sharp that Jankowski suffers from alcoholism, which she referred to as a disease that has been recognized by the State of Missouri as such. Jankowski led a much different life from Watkins, Rice explained, but the circumstances surrounding the two men were eerily similar the night of the wreck, she said.

"Both men had had their licenses revoked before for drinking and driving, [Watkins] having had his suspended twice," Rice told Sharp. "Both of those men were over the [legal blood alcohol] limit that night, with [Watkins] having a .253 and [Jankowski] having a .71."

Rice went on to say that the prosecutor's report she was supplied with also stated that [Watkins] had told one person the night of the wreck that he had had a half-pint of Jim Beam whiskey and later told another that he had consumed a whole pint of Jim Beam.

"So, that would be the equivalent of anywhere from eight to 16 drinks," said Rice. "Another contributing factor to the severity of both men's injuries is that neither were wearing a seat belt that night and both vehicles had airbags.

"Experts have stated that not wearing a seat belt when airbags are deployed can be very dangerous."

Jankowski received several severe injuries in the wreck, which left him unable to be incarcerated. He has been on house arrest since the accident occurred in March 2007.

"Both of these men have struggled with the issue of alcohol in their lives," said Rice. "But this case has made a lasting impression on me. I will not drive a vehicle now even if I have only had one drink or a glass of wine.

"It is easy to hate [Jankowski]," Rice continued. "He was drunk and he killed a great man in the community. But [Jankowski] has to live with this fact everyday and this is something he is extremely sorry for."

Rice also asked the judge to consider placing Jankowski in a long-term alcohol and drug abuse treatment plan in the penitentiary that would last one-and-a-half years, at which time the judge could review the case for possible early release.

Stoddard County Prosecuting Attorney Briney Welborn was then given a chance to argue his case for why Jankowski should receive a longer sentence.

"The victim that night starts a trip to bring solace to a family that is in grief," said Welborn. "Before the night is over, it is his own family that needs solace from grief because of his death.

"[Jankowski] has proven over and over and over and over again that he is unable to abide by the law," Welborn continued. "[Watkins] didn't have criminal charges in his past such as cocaine possession, methamphetamine possession, burglary and attempted burglary ..."

Welborn said that twice since the fatal accident -- in both November 2007 and January 2008 -- Jankowski has tested positive for marijuana use. Because Jankowski seems to "suffer from the fatal flaw of not being able to abide by the law," Welborn said that the maximum sentence was called for.

According to Welborn, the Sentence Assessment Report (SAR) filed by the Missouri Department of Probation and Parole recommended that Jankowski receive at least 12 years for the crime.

In the end, Sharp handed down his decision. At that time, Jankowski was arrested by the Stoddard County Sheriff's Department to await transport to a correctional facility.