Victim impact statement

Victim Impact Statement

Prosecutor: Timothy Lane V/W Specialist: Jan Ferguson
Case No.: 30 06CR02289 Division: 7
Defendant: Mark Gerald Nigon

1. Please describe what being a victim of a crime has been like for you and your family.
This has been the most horrifying experience that I have ever been through. From
my multiple broken bones and an extended hospital stay to three months of lost wages for my wife and I of which we are still feeling the consequences. My physical injuries will haunt me for the rest of my life and the emotional and psychological turmoil has yet to subside.

2. As a result of this crime were you physically injured? YES
Please describe the injury.
I sustained a closed head injury, three hip fractures, two pelvic socket fractures, (one in each socket) pubic diastases, an acetabular fracture, right open femur fracture, (Bone came out through the side of my leg) Tibia fracture, fibula fracture, multiple right foot fractures that were required to be rebuilt with plates and pins and multiple left foot fractures. I was in a wheel chair for two months and a walker for an additional 6 weeks. I still require the use of a cane to navigate stairs and it is difficult for me to get in and out of my vehicle.

3. Did you receive medical treatment for your injuries? YES
If so please describe the treatment that you received and the length of time treatment was and/or is required.
I required multiple CAT scans and MRIs, Rods and pins inserted into my leg and foot, plus bolts and plates to hold my hip in place. I was in the hospital for close to three weeks and was in such intense pain that I repeatedly begged my wife to kill me and put me out of my misery.

4. Indicate the amount of expenses related to this case that you have had as a result of the medical treatment received.
Swedish medical center $147,206.35
Rocky Mountain assisting $ 1549.34
Praxair Healthcare $ 425.94
B.C. Sales $ 120.00
Pathology Associates $ 433.50
Carepoint ER Physicians $ 584.00
Dr. Michael Craun $ 380.00
Dr. Denetta Slone $ 1045.00
Dr. Emmett McGuire $ 570.00
Denver Anesthesiologist $ 1840.00
West metro Fire Protection $ 873.00
Exempla Healthcare $ 129.00
Total of $155,156.13

Anticipation of future expenses.
This is hard to estimate but I would say somewhere between $10,000-$20,000

5. Were you psychologically or emotionally injured as a result of this crime? YES
If yes please describe the impact on you
I have recurring nightmares and difficulty sleeping. I have a fear of driving and being in public in general. I have chronic depression and fatigue. I am especially terrified of driving at night. Instead of going out and enjoying myself I mostly just stay in my house now. I have intense headaches and I cannot focus on any one thing for an extended period of time.

6. Have you received counseling or mental health therapy as a result of this crime? YES
If yes please describe the length of time that you have been or will be undergoing counseling or therapy.
I received counseling in the hospital. The therapist was brought in because I kept asking my wife to kill me and put me out of my misery. As the pain became a bit more tolerable I no longer wanted to die and we ceased therapy.

7. Indicate the amount of expenses incurred to date as a result of counseling or therapy received. $ 7870.00

8. Has there been any other expenses as a result of this crime? YES

Ongoing treatment
Rocky Mountain Primary Care $ 340.00
Dr John Douthit $ 7756.00
Dr Karen Theriot $ 300.00
Interim Healthcare $ 140.00
Dr Elena Draznin $ 745.00
Colorado Emergency Associates $ 4993.50
Radiology Imaging Associates $ 1783.00
Lakewood Physical Therapy $ 4920.00

Total (including counseling) $28,847.50

I also missed two full months of work for a total loss of $7283.32. When I returned to work the first month was at half time and there were more losses but they are negligible compared to what is already listed. The Grand total of all of my losses so far are $191,286.95 and bills are still steadily coming in.

9. Has the crime affected you ability to earn a living? NO
The only affect was the time I missed from work before returning

10. Did victim crime compensation pay for any of your expenses? NO
We submitted the paper work to them but never heard back from them

11. Was the defendant known to you before this crime? NO

12. Do you fear that the defendant will try to hurt you in any way? NO

13. If a plea agreement was reached in your case do you feel you had adequate input into the agreement? NO
Mark Nigon was charged with four counts of vehicular assault. I feel that he should have been convicted on at least two of them, since he assaulted two of us. Why is it that he was only convicted of assault against me when he assaulted my wife as well? It is unfair that he was not charged in at least two counts of vehicular assault.

14. Do you feel that the agreement is a fair outcome in your case? SOMEWHAT
I will feel that the outcome is fair only if Mr. Nigon is sentenced to at least 2 years in Jail/Prison. Anything less would be a slap on the wrist for what he has done to us. This mans negligence nearly ended my life, for that he should serve some hard time. Work release would be unfair, as would be a halfway house. This man should be taught that what he did was wrong and made an example of so that others don't feel that Jefferson County is lenient towards people who drink, drive and injure someone in the process.

15. Do you have any thoughts or feelings about the sentence that the Judge should give the defendant? Please explain indicating whether you favor imprisonment, probation, community corrections or a suspended sentence.
Mr. Nigon is a danger to anyone traveling on our city's roads as long as he is a free man. Anything less than two years in Jail/Prison would seem unjust to me for the crime that he has committed

16. This case may be referred for review by the Community Corrections Screening Board. Community Corrections is a correctional halfway house where those convicted of crimes receive offense related services. Those who are sentenced to Community Corrections are allowed to leave the facility to work during the day. They must return immediately to the halfway house after work. What are your feelings about this type of sentencing?
Some one that could get into a car and drive when they are so intoxicated that they cannot even tell what side of the road they are on (He blew above a .20 BAC) would be unlikely to be helped by a program such as a halfway house. For the amount of pain and turmoil that Mr. Nigon put us through, I think that this would be an unfair punishment. It is much too lenient. Jail/prison time is the only fair and reasonable punishment in this case.
17. Are there any special conditions that you would like the court to impose on the defendant?
I would like to see the defendant receive alcohol treatment, and perform community service when he gets out of jail. I would like to see a lengthy suspension of his license. If the day comes when he is allowed to drive again I would like have it be mandatory that Mr. Nigon has a device in his car that will prevent his car from starting until it registers his breath as having no alcohol present. After prison he should also receive at least five years of probation.

18. Will you be present at sentencing? YES