My goal is to make Mark Nigon the most famous drunk driver in the state of Colorado. I want everyone to know his name and face. I want him to be synonymous with drunks. I have been reading a lot of stories about drunk drivers lately and I definitely realize how lucky I got in this situation (although I would have been luckier to never have been involved in this at all.) Still I find it important that his community knows exactly who he is. Mark Nigon claims to be a “stand up guy” and “good Christian. He proves over and over again that he is not though.
I received a motion from the court the other day asking for my signature to release Mark Nigon the drunk from jail early. Since the final part of my settlement will be paid within 30 days of his release he figures that I would want him out earlier. I said no of course and then I wrote the letter below. I have not decided if I am going to send the letter yet, but I am leaning towards yes. Then today I found out that Mark Nigon might be willing to give up the names of the friend’s house that he was drinking at the night that he hit us. His friends could be responsible for up to $150,000 under Colorado’s “social host liability law” for serving Mark Nigon more liquor when he was already obviously intoxicated and for not stopping him from getting into his car and driving away. I have been asking for the names of his friends since the day I woke up in the hospital. Now he may be willing to sell them out in order to shave the final 5 months off of his sentence. Here is the letter that I am considering sending to him. This of course was written before the weasel offered to sell out his buddies.
Dear Mr. Nigon
I thought that our settlement conference would be the last time that I would have to hear from or think about you but you seem to be intent on continuing to insult me and the situation that you have caused me. I received a phone call from my lawyer last week telling me that you were requesting that I sign a document that would allow you to get out of jail early. I could not believe the audacity of that question.
Had the events on July 2nd 2006 been the same but you had made any attempt to reach out to me when I was in the hospital for over a month, or in a wheel chair for the following two months, I might feel differently. Had you called and offered a simple apology during the months preceding the trial, I may feel differently. Your half hearted, “I wish I could apologize but my lawyer said not to” in the courtroom does not count either. Had you stepped up like a man and offered to settle out of court before your sentencing, even for a reduced amount, I would have no option but to think that you were a good person who was genuinely sorry and that you did not deserve to be in jail. Maybe that money could have saved our house, or helped us buy food, and/or medical supplies. I probably would have told the judge that you had done everything in your power to make things right. If that were the case, I would not have felt that you should have gone to jail and I would have said that to the Judge at your sentencing.
This is not how you acted though. You drew out the timelines. You took as long as you could to answer any request. You waited until the last possible minute to settle with us and then you cleverly hid a large portion of the money that we knew that you had so that we could not get it when we won our lawsuit against you. Then you offered us a fraction of the amount of medical bills that you caused us and we were forced to take it because it would be all that we could get from you anyways! You didn’t even have the decency to pay my medical bills! We never even asked for pain and suffering of which you have caused a life time of. Then after all that you ask that I sign a paper for your early release. Are you shocked that I declined!
I am in fact going to write a letter to the judge asking that your sentenced be extended. You do not deserve to be out in 11 months of a 24 month sentence. You are evil, you are a horrible role model for your children. You have caused me to lose my house. You have demolished my credit. You have taken away my health and ability to walk or run like a normal person. You have taken from me my ability to snowboard which was the entire reason that I moved to Denver. You took an entire year of my life away from me and made me spend it in hospitals, wheel chairs and walkers. You caused me to develop a morphine addiction (the pain medicine I was on in the hospital) to which I still feel withdrawals from to this day. You have forever strained my relationship with my wife, which whom I was only married to for a little over 2 months when you permanently altered our life.
After all this the amount that you could come up with after you hide all of your money in your wife’s name like a coward was still $50,000 short of THE MEDICAL BILLS THAT YOU COST US! How can you think that we are OK with that? How can you think that we would be comfortable with such a reckless, dangerous, and evil person being a free man any sooner than he was meant to be? I have to think that you are just not that bright. Had the roles been reversed, and I had crippled you in a drunken driving stupor, let me tell you how things would have went down. I would have instantly liquidated everything that I had. I would have paid all of your medical bills up front. I would of felt so horrible for what I did to you that I would have been apologizing nonstop, sending flowers, cards, letters of apologies, regardless of what my lawyers said. If I had a family they would have to wait, because my debt would be to you. You screwed your family the moment you got into your truck with a .217 Blood alcohol level. That night you said “fuck my family.” You became responsible for someone else’s life. Forget crippling me, what if you had killed me? How can you live with yourself?
I just don’t get it. It seems like you only think of yourself. You used you wife and blind daughter in court to try to gain sympathy from the judge. Thank God he saw right through your charade. I feel horrible for your family. In one sense they are just as much a victim of your idiocy as I am. On the other hand your wife is just as guilty as you for helping you put your assets in her name and keep them from paying my medical bills. Had I done all of this to you and my wife stood by me, I could never look at her with any bit of respect and/or dignity again. You are an evil man and I can only hope that you wife wises up enough to get herself and those three little girls away from you, before you end up killing one of them with your stupidity.
So here is my answer to your request. Fuck you! You are a piece of shit, and couldn’t even be man enough to own up to the base amount of damages you caused me. I will be crippled for the rest of my life because of you. If you are going to insist on continuing to insult me and continuing to keep yourself in my life, then I am going to have to insist on insuring that everyone in your neighborhood, community, workplace and church know exactly what type of person you are. I will make it my life’s work to see that everyone knows what you did to me on July 2nd 2006. You will no longer be able to lie to anyone about what a “stand up guy” you are. Because you are not! Telling your family what you did does not make you a stand up guy. Owning up to and taking care of all the damages you caused are what make you a stand up guy. You are not a stand up guy. You are scum. I can only imagine all of the people out there that are probably so embarrassed that you call yourself a Christian. It will be a sad day when you get out of jail. It is even more sad that those of us who are intelligent and responsible have to continuously suffer and the hands of idiots like you who are irresponsible and don’t own up to their reckless mistakes!
In all Sincerity
Wednesday, June 27, 2007
Tuesday, May 22, 2007
A regular Tweener!
I love the show prison break, but I hated the character Tweener. (Season 1) Seems that Tweener, played by Lane Garrison is not to different from his on screen persona. Irony sets in after he was arrested for driving under the influence of Alcohol and Cocaine and injuring two 15 year old girls and killing a 17 year old. Garrison is facing a 6 year 8 month sentence for vehicular manslaughter in California. On the show Prison break his character is paired in a cell with a rapist and becomes his cell mate bitch. Let’s hope that the irony continues for this piece of shit!
Thursday, May 10, 2007
Fucking backwards country folk!
We went to the courthouse today with our lawyers to meet with Mark Nigon and his slimy Lawyer, for a mediation conference. I was fully expecting nothing to happen. They offered Julie XXX and she laughed at them, then they offered her XXX and ……………… HER CASE SETTLED! I couldn’t believe it. Then came the hammer. Mark Nigon was able to position his finances so that half of the equity in his house was under his name and half under his wife’s name. He once again took to hiding under his wife’s skirt. How’s that for a real man? This meant that we could only go after XXX. Furthermore there is a $45,000 homestead exemption in Colorado so we could really only get XXX from him when all was said and done. On the flip side we could collect paychecks from him for the rest of his life, although hicks like this usually don’t live that long. He offered XXX and we settled. It was almost worth it to have the case over with. We get the insurance money now and then he has 30 days after he gets out of jail to come up with the rest. If he doesn’t then he gets a judgment entered for a half million.
The Judge that mediated the case was really cool and told Mark Nigon point blank that he needed to pay up for what he did. Apparently Mark Nigon realized that he had much more to lose. Not that giving up XXX is no big deal, but he should have given a lot more. When it comes down to it, you are more likely to have some backwards redneck hick, working as a pipe fitter trying to support three kids and a wife that has almost nothing to his name in the first place injure you than you are likely to have a millionaire do the same. Not that this goes across the board but poor people are usually poor because they are stupid and because they do stupid things and rich people are usually rich because they are smart and do smart things. Obviously this is a generalization but it seems to fit in this case.
Mark Nigon must of lost 100 pounds. We didn’t even recognize him when we first saw him. Apparently he is really sorry for what he did. He will be out of Jail on November 18th and back with his family so that he can finally teach his oldest daughter how to drive and drink a Colt 45 at the same time. He has to have a breathalyzer on his car for the next 5 years, and will have to notify any potential employers that he is a convicted felon. None of this seems to have anything to do with the pain that I will endure for the rest of my life because he didn’t feel it necessary to call for a ride home while intoxicated. Regardless, it is all over now, and my wife and I can finally try to move on with our lives.
The Judge that mediated the case was really cool and told Mark Nigon point blank that he needed to pay up for what he did. Apparently Mark Nigon realized that he had much more to lose. Not that giving up XXX is no big deal, but he should have given a lot more. When it comes down to it, you are more likely to have some backwards redneck hick, working as a pipe fitter trying to support three kids and a wife that has almost nothing to his name in the first place injure you than you are likely to have a millionaire do the same. Not that this goes across the board but poor people are usually poor because they are stupid and because they do stupid things and rich people are usually rich because they are smart and do smart things. Obviously this is a generalization but it seems to fit in this case.
Mark Nigon must of lost 100 pounds. We didn’t even recognize him when we first saw him. Apparently he is really sorry for what he did. He will be out of Jail on November 18th and back with his family so that he can finally teach his oldest daughter how to drive and drink a Colt 45 at the same time. He has to have a breathalyzer on his car for the next 5 years, and will have to notify any potential employers that he is a convicted felon. None of this seems to have anything to do with the pain that I will endure for the rest of my life because he didn’t feel it necessary to call for a ride home while intoxicated. Regardless, it is all over now, and my wife and I can finally try to move on with our lives.
Tuesday, May 8, 2007
Dead Babies
I was brought to tears by this article. The saddest thing about this story is that it is receiving very little publicity. I love the quote by Sgt Tracy McDonald where he says "This is no accident. ... It was entirely preventable." I have been trying to say this all along. These things are not accidents. The drunk driver, 19 year old Ronald Jayne made a clear cut decision to be a potential killer. Just because that potential became a reality doesn’t mean that this should be classified as an accident. An eye witness to the incident said that after Jayne caused the incident he got out, sat on the side of the road and said “this is going to mean a world of hurt for me.” He lit up a cigarette and waited for the police. Yes, poor Jayne is in a world of hurt. Sounds like he didn’t even care that he killed 5 people and injured 3 more. 4 of the dead were children. Apparently this was not worthy of making national news though. Shocking!
Las Vegas Review Journal 5/7/2007
A drunken driver who sped through a stop sign at Tenaya Way and Farm Road caused one of the worst traffic crashes in Las Vegas' history, police said, when he slammed into the side of a sport utility vehicle carrying a family, killing five people including an infant, a toddler and two young boys Saturday night.
"This is the worst of the worst," said Sgt. Tracy McDonald of the Metropolitan Police Department's fatal traffic unit. "This is no accident. ... It was entirely preventable."
Police said 19-year-old Ronald Jayne Jr., the driver of the vehicle that hit the family's SUV, suffered minor injuries and faces at least 20 criminal charges including five counts of driving under the influence involving a death and five counts of reckless driving involving a death or injury.
Jayne was under a suicide watch at the county jail Sunday night, police said.
Police said he killed five of the eight people who were in a 1998 Mercedes-Benz ML 320.
The 32-year-old woman who was driving and two boys between 8 and 11 years of age were pronounced dead at the scene of the crash. A girl who was about a year to 18 months old died on the way to University Medical Center, and a boy younger than 1 died Sunday morning from his injuries, police said.
The three survivors from the SUV -- 20-year-old Karla Dominguez, a woman who is about 35 and a girl who is about 8 -- were in very serious condition Sunday night, police said.
Police said they were uncertain who was sitting where in the Mercedes but said there would have been enough seat belts for all of them. Police said at least one of the youngest children was in a child-safety seat.
About 9:30 p.m., Jayne was eastbound on Farm Road in a 2004 GMC Sierra and went through the four-way stop at a high rate of speed, police said.
At the same time, the SUV, which was northbound on Tenaya, drove into the intersection. Jayne slammed into the left side of the Mercedes. The Mercedes' gasoline tank ruptured, and it burst into flames, police said.
Police said they think the victims died from the impact of the collision and not from the fire.
Passers-by pulled the victims from the burning wreckage and tried to resuscitate those who were not breathing. One motorist who was driving behind the Mercedes, 39-year-old William Rejincos, said he saw the SUV engulfed in flames and called 911.
A man who identified himself only as Arnold said he helped pull one of the victims out of the back seat of the burning vehicle. He later learned that the victim died. "I was devastated," he said.
Arnold and Rejincos drove up to the scene of the accident late Sunday afternoon and placed two Styrofoam crosses covered in flowers near the scene. The crosses were part of a small shrine of stuffed teddy bears and other stuffed animals that had been placed alongside the roadway a few hundred feet from the site of the collision.
Someone had placed a burned and partially melted bag of diapers and a piece of a vehicle at the shrine.
Las Vegas police Detective William Redfairn said Jayne was with other people at a residence before the accident. The detective would not say whether Jayne had been at a party.
He said Jayne's father arrived at the scene of the collision soon after it occurred, and police sent him to UMC, where his son was at the time.
Redfairn said Sunday night that he did not know what Jayne's blood-alcohol level had been.
The only crash with a higher death toll that authorities could recall Sunday night was the March 2000 case in which then-20-year-old Jessica Williams veered off Interstate 15 and mowed down teens who were picking up trash in the median.
Six people, ages 14 to 16, were killed.
"I've said the same thing over and over and over again. The message is very simple: buckle up, don't drink and drive and obey the traffic laws. If you can do that simple thing, you will stay alive, and the people of this community will stay alive," Redfairn said.
Las Vegas Review Journal 5/7/2007
A drunken driver who sped through a stop sign at Tenaya Way and Farm Road caused one of the worst traffic crashes in Las Vegas' history, police said, when he slammed into the side of a sport utility vehicle carrying a family, killing five people including an infant, a toddler and two young boys Saturday night.
"This is the worst of the worst," said Sgt. Tracy McDonald of the Metropolitan Police Department's fatal traffic unit. "This is no accident. ... It was entirely preventable."
Police said 19-year-old Ronald Jayne Jr., the driver of the vehicle that hit the family's SUV, suffered minor injuries and faces at least 20 criminal charges including five counts of driving under the influence involving a death and five counts of reckless driving involving a death or injury.
Jayne was under a suicide watch at the county jail Sunday night, police said.
Police said he killed five of the eight people who were in a 1998 Mercedes-Benz ML 320.
The 32-year-old woman who was driving and two boys between 8 and 11 years of age were pronounced dead at the scene of the crash. A girl who was about a year to 18 months old died on the way to University Medical Center, and a boy younger than 1 died Sunday morning from his injuries, police said.
The three survivors from the SUV -- 20-year-old Karla Dominguez, a woman who is about 35 and a girl who is about 8 -- were in very serious condition Sunday night, police said.
Police said they were uncertain who was sitting where in the Mercedes but said there would have been enough seat belts for all of them. Police said at least one of the youngest children was in a child-safety seat.
About 9:30 p.m., Jayne was eastbound on Farm Road in a 2004 GMC Sierra and went through the four-way stop at a high rate of speed, police said.
At the same time, the SUV, which was northbound on Tenaya, drove into the intersection. Jayne slammed into the left side of the Mercedes. The Mercedes' gasoline tank ruptured, and it burst into flames, police said.
Police said they think the victims died from the impact of the collision and not from the fire.
Passers-by pulled the victims from the burning wreckage and tried to resuscitate those who were not breathing. One motorist who was driving behind the Mercedes, 39-year-old William Rejincos, said he saw the SUV engulfed in flames and called 911.
A man who identified himself only as Arnold said he helped pull one of the victims out of the back seat of the burning vehicle. He later learned that the victim died. "I was devastated," he said.
Arnold and Rejincos drove up to the scene of the accident late Sunday afternoon and placed two Styrofoam crosses covered in flowers near the scene. The crosses were part of a small shrine of stuffed teddy bears and other stuffed animals that had been placed alongside the roadway a few hundred feet from the site of the collision.
Someone had placed a burned and partially melted bag of diapers and a piece of a vehicle at the shrine.
Las Vegas police Detective William Redfairn said Jayne was with other people at a residence before the accident. The detective would not say whether Jayne had been at a party.
He said Jayne's father arrived at the scene of the collision soon after it occurred, and police sent him to UMC, where his son was at the time.
Redfairn said Sunday night that he did not know what Jayne's blood-alcohol level had been.
The only crash with a higher death toll that authorities could recall Sunday night was the March 2000 case in which then-20-year-old Jessica Williams veered off Interstate 15 and mowed down teens who were picking up trash in the median.
Six people, ages 14 to 16, were killed.
"I've said the same thing over and over and over again. The message is very simple: buckle up, don't drink and drive and obey the traffic laws. If you can do that simple thing, you will stay alive, and the people of this community will stay alive," Redfairn said.
Wednesday, April 25, 2007
Just Kill Me Now and Get It Over With!
We have a conference coming up with Mark Nigon, his lawyers, my lawyers, myself, my wife and the insurance adjusters for Nigon’s insurance company. We will be sitting there face to face with the guy that put me in the hospital for a month and in a wheel chair for close to three months. I feel a little edgy and concerned for my safety so I asked my lawyer to file a motion to have Mark Nigon in handcuffs at the meeting so that there was no possibility that he could attack me or come at me. My lawyer acted in disgust (and probably rightly so) over my request, saying that I was attempting to dehumanize this man that simply made a mistake. In my mind, although I understand it was a mistake, the outcome was the same as if it were on purpose. Mark Nigon is a convicted felon and a dangerous criminal who is still serving time for his actions. They are going to sit this man in a room, unrestrained, with the guy he nearly killed and who is now suing him for nearly everything he owns. It is hard for me to understand why people are acting so upset that I made this request. This man almost ended my life, whether through intent or stupidity, he is still dangerous.
My wife told me I was being silly. My mom told me that I was over-reacting, and everyone’s rebuttal has plenty of validity. Yet this man has taken away so much from me through his ignorance. It is only reasonable for me to believe that if he acted intentionally the damage could be so much worse. Let’s not overlook the obvious. $250,000 in medical bills do not lie. His lawyers say that the bills are over-inflated. Even if that was true, it clearly has nothing to do with me. The bills are for emergency medical care, and they want their money. I have lost my ability to play sports, enjoy outdoor adventures and most importantly to me, snowboard. Even more distressing I constantly feel vulnerable in public. If I were in a burning building (which I have been in before), I could not run away. If I or my wife were attacked I do not have the ability to defend. I am weak and I am constantly in pain. Now if you met me in public, you would not ever know that I feel this way, but I do, and it is not my choice.
The fact of the matter is that the list of things that I have lost goes on and on and on. It seems that people don’t think that it is that big a deal though. To them Mark Nigon is just a simple man that made a mistake. I am simply collateral damage. The leniency of drunk driving laws in this country makes me sick. Had Mark Nigon killed me instead of just seriously injuring me he would have likely only received 2-3 years in jail and that is if he got a judge that was especially hard on drunks. If we are not tough on drunks then they will continue to scoff at the laws against drunk driving and we will all continue to be in nightly danger of idiots like Mark Nigon.
Further complication arises by the fact that I am just trying to end this case. I am trying to take his situation into consideration and have made an offer for an out of court settlement that will be a win win for everyone. By him accepting my offer, I will have enough money to rebuild and he will have enough left over to start fresh. If he even so much as attempts to argue at our meeting I am going to go ahead and just take the case to court were I will more than likely get a verdict in excess of one $1,000,000. Of course Mark Nigon's lawyers are hoping for this. Since the insurance company is footing the bill for his defense his lawyers want to log as much time as possible. Even though there is no possibility of them winning this case they are more than happy to make money off of my misery. The thing is I will get at least the $250,000 anyways, those are my medical bills and he has it. So….. I will get it. I am just trying to end this thing. My accepting such a small amount was only to try to end this and get him out of my life without a headache. This is turning into a major headache though. I am the victim here flat out. There is tons of evidence to support what he did, a guilty plea, and two cops as witnesses to the accidents. The medical bills are well documented the loss of wages and the loss of my house will be well documented, and lets not forget pain and suffering (which I have a lifetime of) and punitive damages! What is this guy thinking?
I have come to the realization that what Mark Nigon did was an accident. He did not mean to do it. It doesn’t take a rocket scientist to figure out that you shouldn’t drive drunk, that it is against the law, and that bad things could happen. Mark Nigon made a choice to take a chance on hurting someone. That someone happened to be me. While he didn’t mean to hurt me, he did hurt me. Maybe no one can really understand what I went through, maybe I will have to face this whole situation by myself and on my own accord. Maybe my devotion to putting all of my energy into ending this horrifying situation will tear apart my friendships, and relationships with family, friends and loved ones. Maybe, just maybe one person will look at the horrible things that I have gone through and that Nigon is still forcing me to go through and think twice before they get in their car and drive drunk. Maybe, just maybe, my obsession with my destroyed life will keep someone else’s life from being destroyed. The sad thing is that we will never know.
My wife told me I was being silly. My mom told me that I was over-reacting, and everyone’s rebuttal has plenty of validity. Yet this man has taken away so much from me through his ignorance. It is only reasonable for me to believe that if he acted intentionally the damage could be so much worse. Let’s not overlook the obvious. $250,000 in medical bills do not lie. His lawyers say that the bills are over-inflated. Even if that was true, it clearly has nothing to do with me. The bills are for emergency medical care, and they want their money. I have lost my ability to play sports, enjoy outdoor adventures and most importantly to me, snowboard. Even more distressing I constantly feel vulnerable in public. If I were in a burning building (which I have been in before), I could not run away. If I or my wife were attacked I do not have the ability to defend. I am weak and I am constantly in pain. Now if you met me in public, you would not ever know that I feel this way, but I do, and it is not my choice.
The fact of the matter is that the list of things that I have lost goes on and on and on. It seems that people don’t think that it is that big a deal though. To them Mark Nigon is just a simple man that made a mistake. I am simply collateral damage. The leniency of drunk driving laws in this country makes me sick. Had Mark Nigon killed me instead of just seriously injuring me he would have likely only received 2-3 years in jail and that is if he got a judge that was especially hard on drunks. If we are not tough on drunks then they will continue to scoff at the laws against drunk driving and we will all continue to be in nightly danger of idiots like Mark Nigon.
Further complication arises by the fact that I am just trying to end this case. I am trying to take his situation into consideration and have made an offer for an out of court settlement that will be a win win for everyone. By him accepting my offer, I will have enough money to rebuild and he will have enough left over to start fresh. If he even so much as attempts to argue at our meeting I am going to go ahead and just take the case to court were I will more than likely get a verdict in excess of one $1,000,000. Of course Mark Nigon's lawyers are hoping for this. Since the insurance company is footing the bill for his defense his lawyers want to log as much time as possible. Even though there is no possibility of them winning this case they are more than happy to make money off of my misery. The thing is I will get at least the $250,000 anyways, those are my medical bills and he has it. So….. I will get it. I am just trying to end this thing. My accepting such a small amount was only to try to end this and get him out of my life without a headache. This is turning into a major headache though. I am the victim here flat out. There is tons of evidence to support what he did, a guilty plea, and two cops as witnesses to the accidents. The medical bills are well documented the loss of wages and the loss of my house will be well documented, and lets not forget pain and suffering (which I have a lifetime of) and punitive damages! What is this guy thinking?
I have come to the realization that what Mark Nigon did was an accident. He did not mean to do it. It doesn’t take a rocket scientist to figure out that you shouldn’t drive drunk, that it is against the law, and that bad things could happen. Mark Nigon made a choice to take a chance on hurting someone. That someone happened to be me. While he didn’t mean to hurt me, he did hurt me. Maybe no one can really understand what I went through, maybe I will have to face this whole situation by myself and on my own accord. Maybe my devotion to putting all of my energy into ending this horrifying situation will tear apart my friendships, and relationships with family, friends and loved ones. Maybe, just maybe one person will look at the horrible things that I have gone through and that Nigon is still forcing me to go through and think twice before they get in their car and drive drunk. Maybe, just maybe, my obsession with my destroyed life will keep someone else’s life from being destroyed. The sad thing is that we will never know.
Thursday, April 12, 2007
What I Would Do!
If I had ever in my life did something illegal and it caused someone more harm than I could afford to pay, I would not even think twice about liquidating everything that I had and handing it over without a fight. I would say “I was an idiot, I ruined your life and I will be your slave for the rest of mine.”
It would certainly be worth the equity built up in a house. Money from an investment. If I had not technically earned it, then I would consider it a small price to pay for disrupting someone’s life so severely. If I had injured someone because of my careless drunk driving and had caused them to be in the hospital for 4 weeks because I broke both of their legs, hip, pelvis, foot, and skull then I would be in the hospital room with them everyday to attend to their every need if they would allow it. I would be sending them cards and apology letters. I would be sending cash and gift baskets. I would spend everyday reminding myself how horrible I was and repenting to the person that I injured.
If I had injured someone so severely that even after they went home they were still in a wheel chair I would come to their house and carry their bed downstairs so that they could sleep in it. If their only shower was upstairs then I would sell my house and install an elevator so that they didn’t have to wheel their wheel chair into the back yard and hose themselves down instead of taking a shower in their bathroom. I would run out to get all of their pain meds for them and I would pay for their expensive in house nurse that was required to help mend their multiple broken bones and bedsores.
I would buy them a T.V. and some video games so they could keep their minds occupied while they lay in a bed for 3 months hoping that they will one day be strong enough to walk again. I would bring them dinner nightly. I would constantly apologize. I would clean up after their pets so that the pets do not go unattended to. I would help build a ramp so that the wheel chair did not have to be lifted into the house. I would do the grocery shopping for them so that they would not have to endure the embarrassment and stares from the public.
If I had injured someone so badly that they couldn’t even stand into a walker until 3 months after the accident I would hire the best Physical therapist for them to accompany them through every stage of the healing process. I would consider how difficult it must be to transition into a walker after being in a wheel chair for months. I would not go to court and accuse the person of trying to bleed me for every penny that I had and I would realize that the person is in a very horrible situation because of me.
If that person told me that all that I had to do to appease their pain and suffering was to sell my house and give them the money, I would certainly accept that very generous offer. I would not be so selfish as to fight a lawsuit because I have nothing to lose. I would not be so selfish as to fight a lawsuit to protect my house simply because my insurance was paying for my defense and it would cost me nothing to “give it a try.”
I would certainly not even entertain the thought of fighting to keep my home when I had already caused a person to lose theirs. I would certainly not be thinking about myself at this moment. I would be thinking about how I had impacted their lives forever, taken away everything that they ever worked for, stressed their marriage to a point where it is potentially beyond repair and utterly tear their lives apart. I would take responsibility and make things as right as I could. I would not just say that I am going to make things right when I am in front of a judge. I would really make them right, to the best of my ability.
I suppose that is just me though. Some people must get off on watching people suffer. When all is said and done I believe that we will be made whole in the end. I just do not understand why Mark Nigon is so intent on making us suffer in the meantime!
It would certainly be worth the equity built up in a house. Money from an investment. If I had not technically earned it, then I would consider it a small price to pay for disrupting someone’s life so severely. If I had injured someone because of my careless drunk driving and had caused them to be in the hospital for 4 weeks because I broke both of their legs, hip, pelvis, foot, and skull then I would be in the hospital room with them everyday to attend to their every need if they would allow it. I would be sending them cards and apology letters. I would be sending cash and gift baskets. I would spend everyday reminding myself how horrible I was and repenting to the person that I injured.
If I had injured someone so severely that even after they went home they were still in a wheel chair I would come to their house and carry their bed downstairs so that they could sleep in it. If their only shower was upstairs then I would sell my house and install an elevator so that they didn’t have to wheel their wheel chair into the back yard and hose themselves down instead of taking a shower in their bathroom. I would run out to get all of their pain meds for them and I would pay for their expensive in house nurse that was required to help mend their multiple broken bones and bedsores.
I would buy them a T.V. and some video games so they could keep their minds occupied while they lay in a bed for 3 months hoping that they will one day be strong enough to walk again. I would bring them dinner nightly. I would constantly apologize. I would clean up after their pets so that the pets do not go unattended to. I would help build a ramp so that the wheel chair did not have to be lifted into the house. I would do the grocery shopping for them so that they would not have to endure the embarrassment and stares from the public.
If I had injured someone so badly that they couldn’t even stand into a walker until 3 months after the accident I would hire the best Physical therapist for them to accompany them through every stage of the healing process. I would consider how difficult it must be to transition into a walker after being in a wheel chair for months. I would not go to court and accuse the person of trying to bleed me for every penny that I had and I would realize that the person is in a very horrible situation because of me.
If that person told me that all that I had to do to appease their pain and suffering was to sell my house and give them the money, I would certainly accept that very generous offer. I would not be so selfish as to fight a lawsuit because I have nothing to lose. I would not be so selfish as to fight a lawsuit to protect my house simply because my insurance was paying for my defense and it would cost me nothing to “give it a try.”
I would certainly not even entertain the thought of fighting to keep my home when I had already caused a person to lose theirs. I would certainly not be thinking about myself at this moment. I would be thinking about how I had impacted their lives forever, taken away everything that they ever worked for, stressed their marriage to a point where it is potentially beyond repair and utterly tear their lives apart. I would take responsibility and make things as right as I could. I would not just say that I am going to make things right when I am in front of a judge. I would really make them right, to the best of my ability.
I suppose that is just me though. Some people must get off on watching people suffer. When all is said and done I believe that we will be made whole in the end. I just do not understand why Mark Nigon is so intent on making us suffer in the meantime!
Tuesday, April 3, 2007
Hard Times
We finally had a trial date set for the civil case against Mark Nigon but it happened to fall on a very important date for my work. Now I have to move it to a later date. I could have had this whole thing over with at the beginning of the summer. Now it is looking like it will be around the end of fall. My lawyer has been in contact with Nigon’s lawyer to yet again offer to settle the case for the medical bills only. Nigon freaked out and said that even though he could cover the cost of our medical bills that it would cause him to lose his house! Either this man does not understand that losing a house is nothing compared to the damage that he put my wife and I through or he is genuinely an evil man. While it would make things easier to believe that Mark Nigon is an evil man, I tend to believe that he is more ignorant than evil.
Mark Nigon has cost me so much.
$183,700 –Price of the house that we lost from not being able to keep up the payments.
$3,000 –Cost of our honeymoon fund that was drained after the accident.
$12,000- Combined lost wages between my wife and I
$7,000- Potential pay raise that I lost out on.
$250,000- Medical bills
$1,500 –Lost Vacation accrual
$5,000 – Wife’s missed semester of school
$7,500 – Totaled car
$1,000 –Medical co-pays
$1000 – Wheelchair ramp, Wheelchair, Crutches, Walker, cane
$6,000 – In home Nurse
$15,000 – Physical therapy
$10,000- and counting in psychology, psychiatry, and pharmaceutical bills.
$?????- a Life time of pain and suffering
$?????- Damaged credit, Foreclosure, Unpaid medical bills.
$?????- Loss of ability to run, snowboard, bike, lift, ski, or take long walks.
$?????- Wife’s inability to drive
$?????- Sensitive legs, weakness, fatigue!
$?????- Destroyed toe joints
$?????- Future surgeries.
$?????- Arthritis.
$?????- Nightmares
This list could go on and on if I was willing to sit here and think about it!
Not to mention that I had to have a surgery yesterday to get the rods that were holding my hip together removed. Now I am laid up in bed again, missing more time from work, again. Mark Nigon is not contesting that this is his fault, only the amount that the fault is worth. This is only partially true though as his assessment, in his mind, is not based on the damage he caused my wife and I but rather the amount that he can afford to pay without losing his house. His house is the topic of every deliberation that we have with him. Well I have said this before and I will say it again, the time to think about these things was before driving the wrong way down a one way street with a .217 B.A.C. and hitting another car head on.
Let me tell you how reasonable our offer is. We are asking for Mark Nigon to cover the medical bills that he caused us. This amount is $250,000. He has an insurance policy that is worth $100,000 and a house worth $250,000. This means that he could settle this case and never have to hear from me again while still retaining $100,000. He could use this to purchase a new house or get into a nice apartment, condo or townhouse. He is refusing though. Since he has no defense he is going into the trial trying to say that the amount of the medical bills is unreasonable. Now I can see how he might think this considering that he came out of the accident nearly unscathed. Being that the justice system does not often allow you to see your accuser face to face he may not understand the severity of what he did to me. Being that he was driving a Dodge Ram 2500 and I was in a 94 Jeep Wrangler with the top and doors off I had much more possibilities for injuries than he did. I had multiple compound fractures in my right leg, a shattered right foot, non-displaced left leg fractures, 3 hip fractures, 2 pelvic socket fractures, an acetabular fracture, and closed head trauma. Mark Nigon only received a hangover. Even if it were true that the doctors overcharged the medical bills, what does that have to do with me? I was unconscious and needed emergency medical care. Its not like I was able to negotiate the best possible price before entering surgery!
What Mark Nigon doesn’t understand is that by settling now everyone wins. My wife and I would have enough money to immediately get back to being close to where we were financially. We could move on with our lives. Mark Nigon would get to keep $100,000 and every penny that he earned would belong to him. He and his family would have the opportunity to rebuild. If this goes to trial I will get a minimum of $250,000, anyways. The medical bills are non-negotiable. I would in all likelihood get additional money for lost wages and pain and suffering. It will also cost a tremendous amount more in attorney fees, so I would have to win much more just to break even with all of the damage that he has already caused me. It would likely be close to a million dollar judgment. Everything that this man owns would be taken away from him plus every penny that he earns in the future would be broken up so that a percentage would go to me. I just don’t understand what he is thinking.
The issue that I have to deal with is that I feel sorry for Mark Nigon’s family. I just don’t understand why he is putting them at more risk. As I said before, it would be easy to think that he is evil and just doesn’t care about anyone. More than likely he is just stupid, ignorant and uninformed. Of course, what else can you say about someone that drives drunk in the first place. I suppose that I just answered my own question.
Mark Nigon has cost me so much.
$183,700 –Price of the house that we lost from not being able to keep up the payments.
$3,000 –Cost of our honeymoon fund that was drained after the accident.
$12,000- Combined lost wages between my wife and I
$7,000- Potential pay raise that I lost out on.
$250,000- Medical bills
$1,500 –Lost Vacation accrual
$5,000 – Wife’s missed semester of school
$7,500 – Totaled car
$1,000 –Medical co-pays
$1000 – Wheelchair ramp, Wheelchair, Crutches, Walker, cane
$6,000 – In home Nurse
$15,000 – Physical therapy
$10,000- and counting in psychology, psychiatry, and pharmaceutical bills.
$?????- a Life time of pain and suffering
$?????- Damaged credit, Foreclosure, Unpaid medical bills.
$?????- Loss of ability to run, snowboard, bike, lift, ski, or take long walks.
$?????- Wife’s inability to drive
$?????- Sensitive legs, weakness, fatigue!
$?????- Destroyed toe joints
$?????- Future surgeries.
$?????- Arthritis.
$?????- Nightmares
This list could go on and on if I was willing to sit here and think about it!
Not to mention that I had to have a surgery yesterday to get the rods that were holding my hip together removed. Now I am laid up in bed again, missing more time from work, again. Mark Nigon is not contesting that this is his fault, only the amount that the fault is worth. This is only partially true though as his assessment, in his mind, is not based on the damage he caused my wife and I but rather the amount that he can afford to pay without losing his house. His house is the topic of every deliberation that we have with him. Well I have said this before and I will say it again, the time to think about these things was before driving the wrong way down a one way street with a .217 B.A.C. and hitting another car head on.
Let me tell you how reasonable our offer is. We are asking for Mark Nigon to cover the medical bills that he caused us. This amount is $250,000. He has an insurance policy that is worth $100,000 and a house worth $250,000. This means that he could settle this case and never have to hear from me again while still retaining $100,000. He could use this to purchase a new house or get into a nice apartment, condo or townhouse. He is refusing though. Since he has no defense he is going into the trial trying to say that the amount of the medical bills is unreasonable. Now I can see how he might think this considering that he came out of the accident nearly unscathed. Being that the justice system does not often allow you to see your accuser face to face he may not understand the severity of what he did to me. Being that he was driving a Dodge Ram 2500 and I was in a 94 Jeep Wrangler with the top and doors off I had much more possibilities for injuries than he did. I had multiple compound fractures in my right leg, a shattered right foot, non-displaced left leg fractures, 3 hip fractures, 2 pelvic socket fractures, an acetabular fracture, and closed head trauma. Mark Nigon only received a hangover. Even if it were true that the doctors overcharged the medical bills, what does that have to do with me? I was unconscious and needed emergency medical care. Its not like I was able to negotiate the best possible price before entering surgery!
What Mark Nigon doesn’t understand is that by settling now everyone wins. My wife and I would have enough money to immediately get back to being close to where we were financially. We could move on with our lives. Mark Nigon would get to keep $100,000 and every penny that he earned would belong to him. He and his family would have the opportunity to rebuild. If this goes to trial I will get a minimum of $250,000, anyways. The medical bills are non-negotiable. I would in all likelihood get additional money for lost wages and pain and suffering. It will also cost a tremendous amount more in attorney fees, so I would have to win much more just to break even with all of the damage that he has already caused me. It would likely be close to a million dollar judgment. Everything that this man owns would be taken away from him plus every penny that he earns in the future would be broken up so that a percentage would go to me. I just don’t understand what he is thinking.
The issue that I have to deal with is that I feel sorry for Mark Nigon’s family. I just don’t understand why he is putting them at more risk. As I said before, it would be easy to think that he is evil and just doesn’t care about anyone. More than likely he is just stupid, ignorant and uninformed. Of course, what else can you say about someone that drives drunk in the first place. I suppose that I just answered my own question.
Thursday, March 22, 2007
Mark Nigon AKA Drunky (Lakewood, Monument, Colorado)
9 months ago I did the right thing. 9 months ago I called for a ride home when I was drunk. 9 months ago a God fearing man named Mark Nigon did the wrong thing. Mark Nigon got drunk and drove in his Dodge Ram 2500 the wrong way down a one way street. He violently attack my wife and I. I suffered severe physical injuries and my wife suffered moderate physical injuries and intense emotional and psychological damage. Mark Nigon defiantly went before the Judge at his sentencing and told him that it was between him and God to make this right. The Judge gave Mark Nigon the max sentence anyways. Mark Nigons wife came over to my wife and I after the trial to apologize, yet 9 months later we have seen no sign of any financial help from the Nigon family. 9 months later we are still feeling the effects of what he did to us. My wife has recurring nightmares and is in therapy. I have continuous pain. Sometimes it is unbearable to walk. Next week I am going in for my 3rd surgery since the accident. Mark Nigon is sitting in a jail cell and is apparently not answering any of the legal demands because he is “depressed.” My feeling is that Mark Nigon does not have the right to be depressed. He has left my wife and I in emotional, physical, and financial turmoil. We are feeling the effects of this 9 months later and we will continue to feel the effects of this for years to come. In light of all of this we have offered several methods for Mark Nigon to make good on the damage that he has caused us. He can afford all of the options that we have presented. He has ignored us on every offer though. So now we have to go to court. The trial is all the way in September 2007. This God fearing man is going to make us take him to court to get back what he already took from us. September will mark 15 months after the accident occurred. That’s right! 15 months after he did this to us we will still have to deal with his idiocy.
Tuesday, February 6, 2007
In the mind of a drunk
This is a letter written by a friends sister. It is a great example of how drunk drivers think. Drunk drivers have the feeling that they have the right to drive drunk. They genuinely do not understand the seriousness of what they are doing. They typically think that they are being punished way to severely when they are caught. The truth is usually quite the opposite. As with all conversation blogs, my commentary is in parenthesis.
(This is the initial letter written by my friends sister)
Good morning. :o) Just wanted to pass on the latest DUI crap for you – (Name deleted) is a useless turd of a lawyer. I could have saved myself $1000, done this all myself, and gotten the EXACT same result. Actually, I would have done a better job - I'd have had my license 2 weeks longer, and I'd have finished this last November. I received a letter from him over the weekend, advising me that gee, sorry, but the prosecutor is not inclined to ignore the breathalizer, (spelling?) so shucks, you'll be getting 2 days in jail, a year license suspension, $1100 fine. Oh, and by the way, if you don't change your plea to guilty on the 15th when we go back to court, the prosecutor is also going to tack on a wreckless (Spelling again?) driving charge. Have a nice day, (Name Deleted), call me next week. Oh, but on the bright side, you're eligible right now to apply for a restricted license, so I can drive to and from work - I spoke to the DOL about this, and confirmed that before I even submit my application, I have to have the interlock device installed and SR22 insurance - and if they say deny my app, too bad, I just wasted my money. Every piece of advice he gave me was flat out wrong or useless., not to mention the completely lazy approach he took to my entire case. The only thing he's proven good for, is that with him there, I get in and out of the court room faster, because without counsel, you just wait your turn. He advised me to pay $200 for the DOL administrative hearing - My punishment for that was that they moved my suspension date up from 10/20 to 10/06. Cute. He advised me to do all my classes and shit before going to court, because the prosecutor would see that as good faith, and they'd be sure to ignore the breathalizer. (You should see if you can couple that with a spelling and grammar class) My punishment for that is not only did I have to take a 3 month continuance instead of being done with this in November, because (lawyers name deleted) never bothered to call the prosecutor before we showed up for court, but now they are going to tack on a wreckless driving charge if I don't just roll over. I started my classes a few weeks before my first court date - quite frankly, I could have just waited, and it really wouldn't have made a damn bit of difference. Not to mention the completely lazy approach he took to my entire case. I had to call him repeatedly, he never once called me back when he said he would, and he acted like this whole thing was just no big deal, treating me like a 5 year old who's impatient for a cookie every time I called him. I fully intend to let him know my thoughts on how he handled this, and to make sure he knows I certainly will not be sending him any more clients. So. When I go to court on the 15th, I'll be changing my plea to guilty and bending over to take the big judicial boot in the ass. God knows horrible criminals like me must be punished to the fullest extend (You mean extent, right?) of the law. (The first good thing you have said, to bad it’s sarcastic)Hope ya'all (yee-haw!) are paying close attention - Don't get yourself a DUI. (Let’s rephrase, don’t drive while intoxicated) And remember - that doesn't just mean drinking and driving. It's driving under the influence of ANY drug. Even cold medicine can do it for you don't laugh, it's the truth. (So don’t drive on cold medicine idiot!) Also remember, you don't have to register a .08 or higher on the breathalizer (Jesus Christ it’s spelled breathalyzer!)- They can get you on a .02 if they decide you drove poorly because of it. And you will not get off, and the court will not be lenient on you because you're such a nice person and you've never been in any trouble before in your whole damn life. (Same with murder and rape. Hmmm, actually I can’t think of any crime where they are lenient on you because you are a nice person.) They don't care. I am not joking - don't even have a single drink before you get behind the wheel, and for God's sake, don't do anything else and go for a drive either. (YES!) If you happen to get caught driving under the influence of something illegal, your punishment will be even more severe. Oh, and let me take it one step further - The car doesn't even have to be moving. The keys do NOT have to be in the ignition, the car does NOT have to be running, you don't even have to be awake!!! Seriously! If you are IN the car, and the keys to the car are IN your possession, yep, even if they're in your pocket or purse, not even in your hand, you can still get nailed - Because you have "physical control" of the vehicle. And the punishment is exactly the same. So, if you get real shitty and decide to sleep it off in your car, throw your keys in the trunk, of course, make sure you've got a button to get you back in the trunk to get them later - it wouldn't be cool to sober up and find yourself walking home anyway. It's hard for a cop to say you were in physical control, when your keys aren't even on your person. It's not worth it - Take a damn cab. (True)
(This is my friends response to her sister)
Sounds like a lot of stuff to have to take care of. Love you dearly, kiddo. Good advice not to drink and drive.... Check out Justin's blogs about his experience when he was nearly killed by a drunk driver. Good church going man, pillar of the community and blah blah blah. (The drunk that hit me, not me lol) Justin will have a limp the rest of his life, has several scars, more surgeries to come, constant headaches and is unable to ride in a car unless he is driving, due to anxiety. He was drunk too. He called his wife for a ride home. He did the right thing. He still was nearly killed by a man that didn't do the right thing. www.nomoredrunks.blogspot.com (My friend accidentally hit "Reply All" instead of just "Reply" oops)
(My friends sister responds privately) Thanks, needed the extra guilt trip. You've been incredibly supportive all along. I hope I can do the same for you, when you make a stupid mistake.
(My friends private response) I'm really sorry that you feel I've shunned you over this, that isn't the case at all. I DO hope that it works out for you, I DO love you VERY much, but I DON'T feel that I should be all mushy mushy poor (name deleted) over this. Yes, it was a stupid mistake. Yes, it blows. Yes, you broke the law. Yes, you have to take the consequences, whatever they may be. I would feel the same no matter who it was. Sorry you don't like it. I do love you though. (An excellent response)
(Now my friends sister responds publicly)
Thank you, dear sister, for the blog address. And thank you for once again reminding me that you have a friend who was hurt by a drunk driver, lest I forget. (Not just hurt dear, almost killed. Read the blog, your part of it now.) You know, forgive me if I'm wrong, but - I'm pretty sure never along these past months have I once indicated that I somehow DON'T know that I did the wrong thing. It's called a mistake. (It’s actually called criminal.) Everyone makes them. Even you. (To my knowledge my friends mistakes have never been life threatening to other people.) And in my opinion, your response falls into that category. If you'd like to discuss further, please make it private - I don't think all of my friends need to see you treat me like a common criminal.
(Now my friends Sister in Law chimes in with a public response)
Sorry to learn you're such a worthless excuse for a sister. lol As far as I'm concerned you're an awesome "sister-in law" and one of the truly good people you run across so rarely in life.
(My friends public reply)
Wow. Wow, um,...I did NOT mean to hit reply all in my reply, THAT was a mistake. My not being proud of THIS mistake, NOT a mistake. I love you dearly kiddo, I always have, and I always will. Yes, we all make mistakes. Yes, even especially me. But NO, I don't think this one I have to roll over and feel sorry for you. HOWEVER, I HAVE NEVER, AND WILL NEVER CALL YOU A WORTHLESS EXCUSE FOR A SISTER, AND I REALLY DO NOT APPRECIATE THE IMPLICATION THAT I HAVE FROM SOMEONE I DON'T KNOW. Sorry for the previous reply all, it was not meant to go to everyone. This one is.
(My friends sister in law with a private response)
Hi. That was my smart-alec side responding to (name deleted) angry response to you. Please don't take it as being directed toward you. (Most of the time sarcasm just doesn’t fly in email. I usually recommend against it.)
(My friends sister with a private reply)
I never asked you to be mushy mushy - but I think asking you not to rub my nose in shit over it is a reasonable request. I won't bother updating you any further. You clearly agree with the state of Washington, that I am a criminal, and that's very sad. (Sad? You are a criminal. She is only agreeing with the truth!) I'm no more a criminal than you are. You absolutely have shunned me over this, you have treated me like I'm a disgusting worthless scab, and I think that's bullshit. (I have seen no evidence of this. If she is treating you like you are worthless it is not happening in these emails.) I would never do that to you. Never. I don't have any issue taking the consequences for my actions - I never have. I'VE always been very good at owning up to my mistakes and taking my lumps. I never blame anyone else for my problems - I know damn well I did this to myself. I had hoped to receive some degree of leniency, due to my spotless record and my sincere attempts at making good on my error. That's all. It's not to be. That's fine. I'm pissed at my lawyer, because he honestly gave me bad advice and misguided me and wasted my time. He should have just told me from the start, you're assed out, sorry. That would have been better. I never asked for your pity. And I didn't deserve your scorn either.
(and then my friends sister made a public reply)
Don't call me kiddo, little sister. It only makes you look silly.
(My friends reply)
Well, since I call everyone kiddo, older or not, and I don't find it silly at all, I will say it when I please. It's not meant to be a bad thing, it's a term of endearment that I use for people that I care about. And lastly this: And since when is being silly a bad thing? Some of my best memories are of us acting silly together.
(Now I chime in!)
Just writing to tell you that you fucking suck! You are bitching and moaning about something that YOU DID and the funny thing is that you are getting off light. A couple of days in jail, some fines, a license suspension. Fuck, you practically got nothing. If I was the judge I would have put you in prison for at least 5 years. I like how you said that you can’t believe that you are being punished for your one mistake. How ironic is it that? The only time that you ever drove a car drunk you got pulled over. The irony doesn’t exist because I guarantee that this was not the first time you drove drunk. This was just the first time that you got caught. It was this attitude of self entitlement that makes people think they have the right to drive drunk on our public roads. You should have to write an apology letter to everyone that was driving within a 50 mile radius of you the evening that you were pulled over. You should have to tell them all that you are sorry for putting their lives in danger. What a selfish little cunt you are. You think that you can just get into a car and drive intoxicated and then people are supposed to feel sorry for you because you got caught and have to endure some minor inconveniences? Fuck you! Some one exactly like you almost ended my life when I was doing the right thing by calling for a ride when I was drunk. Do I have to suffer because you went out drinking and didn’t plan ahead for a ride home? Did you ever stop to think that if you are in the place in your life were you need to drive while drunk that you might need to stop drinking. No I’ll bet that never crossed your mind. I am no prude; I drink all of the time. I DO NOT DRIVE DRUNK THOUGH! People who drive drunk are fucking assholes and they ARE CRIMINALS! So be happy that you are getting off so light. Oh, and take it easy on your sister, the fact that she is even still talking to you after the horrendous act that you did only speaks to her virtue and character. She is obviously being much more supportive than I would. Let’s just say that I ended a friendship with a close buddy of over 15 years because he got his third DUI. Your sister is going easy on you. Take your pills and shut the fuck up!
(This is the initial letter written by my friends sister)
Good morning. :o) Just wanted to pass on the latest DUI crap for you – (Name deleted) is a useless turd of a lawyer. I could have saved myself $1000, done this all myself, and gotten the EXACT same result. Actually, I would have done a better job - I'd have had my license 2 weeks longer, and I'd have finished this last November. I received a letter from him over the weekend, advising me that gee, sorry, but the prosecutor is not inclined to ignore the breathalizer, (spelling?) so shucks, you'll be getting 2 days in jail, a year license suspension, $1100 fine. Oh, and by the way, if you don't change your plea to guilty on the 15th when we go back to court, the prosecutor is also going to tack on a wreckless (Spelling again?) driving charge. Have a nice day, (Name Deleted), call me next week. Oh, but on the bright side, you're eligible right now to apply for a restricted license, so I can drive to and from work - I spoke to the DOL about this, and confirmed that before I even submit my application, I have to have the interlock device installed and SR22 insurance - and if they say deny my app, too bad, I just wasted my money. Every piece of advice he gave me was flat out wrong or useless., not to mention the completely lazy approach he took to my entire case. The only thing he's proven good for, is that with him there, I get in and out of the court room faster, because without counsel, you just wait your turn. He advised me to pay $200 for the DOL administrative hearing - My punishment for that was that they moved my suspension date up from 10/20 to 10/06. Cute. He advised me to do all my classes and shit before going to court, because the prosecutor would see that as good faith, and they'd be sure to ignore the breathalizer. (You should see if you can couple that with a spelling and grammar class) My punishment for that is not only did I have to take a 3 month continuance instead of being done with this in November, because (lawyers name deleted) never bothered to call the prosecutor before we showed up for court, but now they are going to tack on a wreckless driving charge if I don't just roll over. I started my classes a few weeks before my first court date - quite frankly, I could have just waited, and it really wouldn't have made a damn bit of difference. Not to mention the completely lazy approach he took to my entire case. I had to call him repeatedly, he never once called me back when he said he would, and he acted like this whole thing was just no big deal, treating me like a 5 year old who's impatient for a cookie every time I called him. I fully intend to let him know my thoughts on how he handled this, and to make sure he knows I certainly will not be sending him any more clients. So. When I go to court on the 15th, I'll be changing my plea to guilty and bending over to take the big judicial boot in the ass. God knows horrible criminals like me must be punished to the fullest extend (You mean extent, right?) of the law. (The first good thing you have said, to bad it’s sarcastic)Hope ya'all (yee-haw!) are paying close attention - Don't get yourself a DUI. (Let’s rephrase, don’t drive while intoxicated) And remember - that doesn't just mean drinking and driving. It's driving under the influence of ANY drug. Even cold medicine can do it for you don't laugh, it's the truth. (So don’t drive on cold medicine idiot!) Also remember, you don't have to register a .08 or higher on the breathalizer (Jesus Christ it’s spelled breathalyzer!)- They can get you on a .02 if they decide you drove poorly because of it. And you will not get off, and the court will not be lenient on you because you're such a nice person and you've never been in any trouble before in your whole damn life. (Same with murder and rape. Hmmm, actually I can’t think of any crime where they are lenient on you because you are a nice person.) They don't care. I am not joking - don't even have a single drink before you get behind the wheel, and for God's sake, don't do anything else and go for a drive either. (YES!) If you happen to get caught driving under the influence of something illegal, your punishment will be even more severe. Oh, and let me take it one step further - The car doesn't even have to be moving. The keys do NOT have to be in the ignition, the car does NOT have to be running, you don't even have to be awake!!! Seriously! If you are IN the car, and the keys to the car are IN your possession, yep, even if they're in your pocket or purse, not even in your hand, you can still get nailed - Because you have "physical control" of the vehicle. And the punishment is exactly the same. So, if you get real shitty and decide to sleep it off in your car, throw your keys in the trunk, of course, make sure you've got a button to get you back in the trunk to get them later - it wouldn't be cool to sober up and find yourself walking home anyway. It's hard for a cop to say you were in physical control, when your keys aren't even on your person. It's not worth it - Take a damn cab. (True)
(This is my friends response to her sister)
Sounds like a lot of stuff to have to take care of. Love you dearly, kiddo. Good advice not to drink and drive.... Check out Justin's blogs about his experience when he was nearly killed by a drunk driver. Good church going man, pillar of the community and blah blah blah. (The drunk that hit me, not me lol) Justin will have a limp the rest of his life, has several scars, more surgeries to come, constant headaches and is unable to ride in a car unless he is driving, due to anxiety. He was drunk too. He called his wife for a ride home. He did the right thing. He still was nearly killed by a man that didn't do the right thing. www.nomoredrunks.blogspot.com (My friend accidentally hit "Reply All" instead of just "Reply" oops)
(My friends sister responds privately) Thanks, needed the extra guilt trip. You've been incredibly supportive all along. I hope I can do the same for you, when you make a stupid mistake.
(My friends private response) I'm really sorry that you feel I've shunned you over this, that isn't the case at all. I DO hope that it works out for you, I DO love you VERY much, but I DON'T feel that I should be all mushy mushy poor (name deleted) over this. Yes, it was a stupid mistake. Yes, it blows. Yes, you broke the law. Yes, you have to take the consequences, whatever they may be. I would feel the same no matter who it was. Sorry you don't like it. I do love you though. (An excellent response)
(Now my friends sister responds publicly)
Thank you, dear sister, for the blog address. And thank you for once again reminding me that you have a friend who was hurt by a drunk driver, lest I forget. (Not just hurt dear, almost killed. Read the blog, your part of it now.) You know, forgive me if I'm wrong, but - I'm pretty sure never along these past months have I once indicated that I somehow DON'T know that I did the wrong thing. It's called a mistake. (It’s actually called criminal.) Everyone makes them. Even you. (To my knowledge my friends mistakes have never been life threatening to other people.) And in my opinion, your response falls into that category. If you'd like to discuss further, please make it private - I don't think all of my friends need to see you treat me like a common criminal.
(Now my friends Sister in Law chimes in with a public response)
Sorry to learn you're such a worthless excuse for a sister. lol As far as I'm concerned you're an awesome "sister-in law" and one of the truly good people you run across so rarely in life.
(My friends public reply)
Wow. Wow, um,...I did NOT mean to hit reply all in my reply, THAT was a mistake. My not being proud of THIS mistake, NOT a mistake. I love you dearly kiddo, I always have, and I always will. Yes, we all make mistakes. Yes, even especially me. But NO, I don't think this one I have to roll over and feel sorry for you. HOWEVER, I HAVE NEVER, AND WILL NEVER CALL YOU A WORTHLESS EXCUSE FOR A SISTER, AND I REALLY DO NOT APPRECIATE THE IMPLICATION THAT I HAVE FROM SOMEONE I DON'T KNOW. Sorry for the previous reply all, it was not meant to go to everyone. This one is.
(My friends sister in law with a private response)
Hi. That was my smart-alec side responding to (name deleted) angry response to you. Please don't take it as being directed toward you. (Most of the time sarcasm just doesn’t fly in email. I usually recommend against it.)
(My friends sister with a private reply)
I never asked you to be mushy mushy - but I think asking you not to rub my nose in shit over it is a reasonable request. I won't bother updating you any further. You clearly agree with the state of Washington, that I am a criminal, and that's very sad. (Sad? You are a criminal. She is only agreeing with the truth!) I'm no more a criminal than you are. You absolutely have shunned me over this, you have treated me like I'm a disgusting worthless scab, and I think that's bullshit. (I have seen no evidence of this. If she is treating you like you are worthless it is not happening in these emails.) I would never do that to you. Never. I don't have any issue taking the consequences for my actions - I never have. I'VE always been very good at owning up to my mistakes and taking my lumps. I never blame anyone else for my problems - I know damn well I did this to myself. I had hoped to receive some degree of leniency, due to my spotless record and my sincere attempts at making good on my error. That's all. It's not to be. That's fine. I'm pissed at my lawyer, because he honestly gave me bad advice and misguided me and wasted my time. He should have just told me from the start, you're assed out, sorry. That would have been better. I never asked for your pity. And I didn't deserve your scorn either.
(and then my friends sister made a public reply)
Don't call me kiddo, little sister. It only makes you look silly.
(My friends reply)
Well, since I call everyone kiddo, older or not, and I don't find it silly at all, I will say it when I please. It's not meant to be a bad thing, it's a term of endearment that I use for people that I care about. And lastly this: And since when is being silly a bad thing? Some of my best memories are of us acting silly together.
(Now I chime in!)
Just writing to tell you that you fucking suck! You are bitching and moaning about something that YOU DID and the funny thing is that you are getting off light. A couple of days in jail, some fines, a license suspension. Fuck, you practically got nothing. If I was the judge I would have put you in prison for at least 5 years. I like how you said that you can’t believe that you are being punished for your one mistake. How ironic is it that? The only time that you ever drove a car drunk you got pulled over. The irony doesn’t exist because I guarantee that this was not the first time you drove drunk. This was just the first time that you got caught. It was this attitude of self entitlement that makes people think they have the right to drive drunk on our public roads. You should have to write an apology letter to everyone that was driving within a 50 mile radius of you the evening that you were pulled over. You should have to tell them all that you are sorry for putting their lives in danger. What a selfish little cunt you are. You think that you can just get into a car and drive intoxicated and then people are supposed to feel sorry for you because you got caught and have to endure some minor inconveniences? Fuck you! Some one exactly like you almost ended my life when I was doing the right thing by calling for a ride when I was drunk. Do I have to suffer because you went out drinking and didn’t plan ahead for a ride home? Did you ever stop to think that if you are in the place in your life were you need to drive while drunk that you might need to stop drinking. No I’ll bet that never crossed your mind. I am no prude; I drink all of the time. I DO NOT DRIVE DRUNK THOUGH! People who drive drunk are fucking assholes and they ARE CRIMINALS! So be happy that you are getting off so light. Oh, and take it easy on your sister, the fact that she is even still talking to you after the horrendous act that you did only speaks to her virtue and character. She is obviously being much more supportive than I would. Let’s just say that I ended a friendship with a close buddy of over 15 years because he got his third DUI. Your sister is going easy on you. Take your pills and shut the fuck up!
Thursday, February 1, 2007
You should be put to death!
Today marks month number 7 since the careless drunk Mark Nigon nearly ended my life. I am recovering well although I am becoming aware of things on a daily basis that are going to affect me for the rest of my life. I can’t pivot with my right leg so changing directions while walking is awkward. If I sit for an extended period of time it takes a few laps around the office for my limp to go away. My big toe on my right foot doesn’t move and the two next to it move side to side instead of up and down when I try to wiggle them. I have a bone scar on my shin that sits right on a nerve so when it is touched or bumped pain shoots all through my body. I have lots of scars including two big bedsore scars on my right heel that were a result of the nurse’s incompetence. What about Mark Nigon. Well he is sitting in jail. He is likely is asking “god” why “god” allowed him to end up at this place in life. He does not take responsibility for what he did to me because everything is part of “god’s” divine plan. We served him with the civil suit yesterday. He would not respond to our request for an out of court settlement even though we were only asking for our damages. (Read that, No pain and suffering requested) He has the money to take care of all of my medical bills but is refusing. I keep seeing stories on the news about reckless drivers, drunk drivers and drugged drivers killing people. It drives me nuts! It makes me want to do some thing about it. These kids in Vegas were street racing and ran into an innocent person that was crossing the street legally and killed him instantly. The judge gave them 6 months of jail and 5 years probation. 6 MONTHS OF JAIL! They killed someone! How can a judge only give six months of jail? Here is why. They didn’t do it on purpose. So what, they did it while making the conscious decision to do something illegal. They should have to sit in the middle of the street while a car rams into them at 100 miles per hour. Their incompetence took someone’s life from this earth. All of the religious websites like to downplay this by saying that he is in a better place. Christians continuously downplay the seriousness of death. We need to get a large portion of these ideals out of our government so that we can understand the seriousness of taking a life and maximize the punishment. If you want to drive drunk, fine. If you kill someone, you should be killed too. It’s just how I feel.
Wednesday, January 3, 2007
Transcript of my speech to the Judge
I have spent the last 6 months thinking about what Mark Nigon has done to my wife and I. I have spent this time thinking about how he was out on bail the morning after he almost killed me. How he never once tried to tell me that he was sorry for his actions. How he has made our lives a living hell ever since by making civil action difficult while my wife and I have been thrown into financial turmoil. Mr. Nigon has completely torn my life apart. While I have struggled to pick up the pieces and rebuild my life Mr. Nigon has been able to plead out of half of my case and all of my wife's case. Mr. Nigon has skillfully avoided a large majority of the consequences that should have been associated with the violent and highly negligent acts that he has inflicted on my wife and I. We feel that this is the last opportunity that we have to see justice served.
When preparing to come here I consulted several legal professionals and the D.A. assigned to the case. All seemed to think that this man, Mark Nigon, deserved the stiffest penalties available for his crime, but made it clear that he had some leverage that he could use to receive a reduced sentence. Mark Nigon is going to come to the stand today and tell you about what a good upstanding man he is. He is going to tell you how he is a good church going man. How he is a family man. How he needs to care for his three daughters and his wife. How he needs to keep the mortgage on his house. All of these things are considerations that Mr. Nigon should have taken before making the decision to drive drunk on the evening on July 1st and nearly ending my life.
Please, I beg you do not allow Mr. Nigon to receive anything less than two years in jail. Mr. Nigon has given injuries to my wife and I that will be with us for the rest of our lives, physical emotional and psychological. It is not to much to ask that he sits in a cell and thinks about it for two short years. It is of a huge concern to me that Mr. Nigon's family can even be taken into account during the sentencing process. It makes me wonder, if he had done the same thing and was a single man would his sentence be harsher? Mr. Nigon should not be allowed to use his family situation as a get out of jail free card. The consideration for sentencing should rest alone on his individual actions and the violent damage that he has wrecked on my wife and I.
On the Evening of July 1st I was out drinking at a local bar with a friend. I became very inebriated and decided that I should call my wife for a ride home. This type of behavior I had always assumed was common knowledge and common courtesy to your fellow citizens. This particular night I was proven wrong. Mark Nigon a 41 year old pipe fitter was out at a friend's house this holiday weekend celebrating our countries independence as I was. He unfortunately did not have the common sense or intelligence to call for a ride. Mark Nigon jumped into his Dodge RAM 2500 with a Blood alcohol level in excess of .20 and proceeded to drive down the wrong way on a one way street while evading the police. He hit my car head on.
As a result of Mr. Nigon's violent recklessness I suffered extremely severe injuries. My hip was broken in three places, my pelvic sockets each had fractures, my pubic bone was separated, I had compounded tibia and fibula fractures that required my right leg to be rebuilt with titanium rods. Nearly every bone in my right foot was broken and a piece of the car actually spiked through my right foot and speared it. My left foot and left leg suffered non-displaced bone fractures. My pelvis was tilted and although I under went nearly 8 hours of surgery total in order to correct all of my injuries, there are still maladies that I will have to live with for the rest of my life. My left leg is slightly turned outward due to the pelvic tilt. I have constant pain in my pubic region, left hip, right leg during weather and pressure changes. My right leg is a little longer than my left which will cause me to walk with a limp for the rest of my life. I get frequent severe headaches as a result of the closed head trauma that was incurred. The last time I was in this room, Mr. Nigon's Lawyer stood before this court and said that he believed that I suffered "a broken leg, and a slight hip fracture" and "that it was an unfortunate accident." Well as you can tell from what I just told you, my injuries were much more severe. So severe that they put me in the hospital for nearly a month and required physical therapy that has continued even to this day. To Mr. Nigon's lawyer, "Unfortunate accident", shame on you, it is clear that you have not given this case the appropriate amount of time to understand the facts of the case. This accident was clearly avoidable. Call a cab, a friend or your wife. Mr. Nigon is here to plead for his freedom. Mr. Nigon would like to get out of what he did to us with no punishment at all, but I submit to you if some other drunk had caused the same type of damage to Mr. Nigon's wife or children that he has caused to my wife and I then Mr. Nigon would be up here where I am begging that that man be put away.
In addition to the physical, emotional and psychological damage that this accident has caused, It has also left my wife and I in a state of financial distress. We had to use our entire savings in order to live. Then we dipped into our honeymoon fund that we had started to build up. We were married just three months before this incident, in this very building. Currently we are left in a state of financial bliss, due in part to the massive amount of financial burden, paired with my inability to work and my wife being forced to quit her job to take care of me, and Mr. Nigon and his lawyer avoiding our phone calls regarding any type of financial settlement. We are currently in very serious danger of having our home foreclosed upon. The bill collectors do not stop calling, and our taxes are going to put an even further strain on us at the end of the year. It may take us many years to get back to the position that we were before this violent act occurred, and our credit rating will be affected for an even longer time.
Our dreams of starting a family and owning a home have been destroyed. Julies ambitious collegiate career has been slowed to a grinding halt. My newly established poor credit may effect my ability to receive the quality employment that I could have received before as an independent contractor.
It is difficult for me to accept the terminology "accident" when it is used for what Mr. Nigon did to my wife and I. He willingly drank. He willingly drove drunk and he willingly refused to pull over when the police started to chase him. His conduct of resisting the officers even after he hit us and I was right next to him trapped in my car, screaming in pain, and waiting to be cut out with the jaws of life, is simply unforgivable. Every aspect of what occurred was entirely avoidable.
Please do not let Mr. Nigon use his family situation as a consideration to reduce his sentence. I beg of this court to give him the most severe punishment available. I beg of this court to serve justice. I beg of this court to send a clear message to Jefferson county and the state of Colorado that driving while intoxicated will not be tolerated and that if you injure someone in the process for the first or 5th time that you will be punished severely.
One other consideration that I would like for the court to take is in regard to Mr. Nigon's eventual release from jail or prison. I think that it is important that Mr. Nigon, if ever allowed to drive again, has a device installed in his vehicle that would require him to blow into it and register a 0 Blood alcohol level in order for the car to start. That is all, thank you.
When preparing to come here I consulted several legal professionals and the D.A. assigned to the case. All seemed to think that this man, Mark Nigon, deserved the stiffest penalties available for his crime, but made it clear that he had some leverage that he could use to receive a reduced sentence. Mark Nigon is going to come to the stand today and tell you about what a good upstanding man he is. He is going to tell you how he is a good church going man. How he is a family man. How he needs to care for his three daughters and his wife. How he needs to keep the mortgage on his house. All of these things are considerations that Mr. Nigon should have taken before making the decision to drive drunk on the evening on July 1st and nearly ending my life.
Please, I beg you do not allow Mr. Nigon to receive anything less than two years in jail. Mr. Nigon has given injuries to my wife and I that will be with us for the rest of our lives, physical emotional and psychological. It is not to much to ask that he sits in a cell and thinks about it for two short years. It is of a huge concern to me that Mr. Nigon's family can even be taken into account during the sentencing process. It makes me wonder, if he had done the same thing and was a single man would his sentence be harsher? Mr. Nigon should not be allowed to use his family situation as a get out of jail free card. The consideration for sentencing should rest alone on his individual actions and the violent damage that he has wrecked on my wife and I.
On the Evening of July 1st I was out drinking at a local bar with a friend. I became very inebriated and decided that I should call my wife for a ride home. This type of behavior I had always assumed was common knowledge and common courtesy to your fellow citizens. This particular night I was proven wrong. Mark Nigon a 41 year old pipe fitter was out at a friend's house this holiday weekend celebrating our countries independence as I was. He unfortunately did not have the common sense or intelligence to call for a ride. Mark Nigon jumped into his Dodge RAM 2500 with a Blood alcohol level in excess of .20 and proceeded to drive down the wrong way on a one way street while evading the police. He hit my car head on.
As a result of Mr. Nigon's violent recklessness I suffered extremely severe injuries. My hip was broken in three places, my pelvic sockets each had fractures, my pubic bone was separated, I had compounded tibia and fibula fractures that required my right leg to be rebuilt with titanium rods. Nearly every bone in my right foot was broken and a piece of the car actually spiked through my right foot and speared it. My left foot and left leg suffered non-displaced bone fractures. My pelvis was tilted and although I under went nearly 8 hours of surgery total in order to correct all of my injuries, there are still maladies that I will have to live with for the rest of my life. My left leg is slightly turned outward due to the pelvic tilt. I have constant pain in my pubic region, left hip, right leg during weather and pressure changes. My right leg is a little longer than my left which will cause me to walk with a limp for the rest of my life. I get frequent severe headaches as a result of the closed head trauma that was incurred. The last time I was in this room, Mr. Nigon's Lawyer stood before this court and said that he believed that I suffered "a broken leg, and a slight hip fracture" and "that it was an unfortunate accident." Well as you can tell from what I just told you, my injuries were much more severe. So severe that they put me in the hospital for nearly a month and required physical therapy that has continued even to this day. To Mr. Nigon's lawyer, "Unfortunate accident", shame on you, it is clear that you have not given this case the appropriate amount of time to understand the facts of the case. This accident was clearly avoidable. Call a cab, a friend or your wife. Mr. Nigon is here to plead for his freedom. Mr. Nigon would like to get out of what he did to us with no punishment at all, but I submit to you if some other drunk had caused the same type of damage to Mr. Nigon's wife or children that he has caused to my wife and I then Mr. Nigon would be up here where I am begging that that man be put away.
In addition to the physical, emotional and psychological damage that this accident has caused, It has also left my wife and I in a state of financial distress. We had to use our entire savings in order to live. Then we dipped into our honeymoon fund that we had started to build up. We were married just three months before this incident, in this very building. Currently we are left in a state of financial bliss, due in part to the massive amount of financial burden, paired with my inability to work and my wife being forced to quit her job to take care of me, and Mr. Nigon and his lawyer avoiding our phone calls regarding any type of financial settlement. We are currently in very serious danger of having our home foreclosed upon. The bill collectors do not stop calling, and our taxes are going to put an even further strain on us at the end of the year. It may take us many years to get back to the position that we were before this violent act occurred, and our credit rating will be affected for an even longer time.
Our dreams of starting a family and owning a home have been destroyed. Julies ambitious collegiate career has been slowed to a grinding halt. My newly established poor credit may effect my ability to receive the quality employment that I could have received before as an independent contractor.
It is difficult for me to accept the terminology "accident" when it is used for what Mr. Nigon did to my wife and I. He willingly drank. He willingly drove drunk and he willingly refused to pull over when the police started to chase him. His conduct of resisting the officers even after he hit us and I was right next to him trapped in my car, screaming in pain, and waiting to be cut out with the jaws of life, is simply unforgivable. Every aspect of what occurred was entirely avoidable.
Please do not let Mr. Nigon use his family situation as a consideration to reduce his sentence. I beg of this court to give him the most severe punishment available. I beg of this court to serve justice. I beg of this court to send a clear message to Jefferson county and the state of Colorado that driving while intoxicated will not be tolerated and that if you injure someone in the process for the first or 5th time that you will be punished severely.
One other consideration that I would like for the court to take is in regard to Mr. Nigon's eventual release from jail or prison. I think that it is important that Mr. Nigon, if ever allowed to drive again, has a device installed in his vehicle that would require him to blow into it and register a 0 Blood alcohol level in order for the car to start. That is all, thank you.
Tonight on court T.V.
Mark Nigon has received two years in jail for what he did to my wife and I. We are extremely happy with this decision. Although he probably deserved even more, I feel that the judge was fair in considering all of the circumstances. It is clear to me that even after being sentenced that Nigon did not comprehend the severity of what he did to me! He said, in court, that he wanted to do everything that he could to make this right, yet he is still fighting the civil case. My wife and I are about to lose our home, but he wants to keep his. This of course does not seem fair to me. Nigon's Lawyer had to ask for an extra 5 minutes to review the case. He had not even looked at the court documents before the case. He was completely ignorant of many of the facts and in the end he actually ended up hurting Nigon more than helping. Money well spent huh? My wife and I were able to speak in front of the judge and I genuinely feel like our views were taken into consideration. When Nigon asked for house arrest the Judge responded by saying that he couldn't even consider anything less than jail time, given the horribly violent and negligent nature of this crime. Nigon, on three separate occasions made it a point to tell us that he prays for us every night. Well as I have mentioned before to so many others…STOP PRAYING FOR ME!!! Nigon thought that he might be able to win our favor by showing us what good upstanding Christian he was. If Nigon really wants to make things right, then he needs to sell his home and set our finances straight. We are heading down the tubes fast. When Mr. Nigon was sentenced they cuffed him and took him away, directly from the court to jail. He is so fat that they had to use two pairs of handcuffs to get his hands behind his back. My wife, lawyer, paralegal, a M.A.D.D. rep, the victim witness advocate, the D.A. and myself were sitting in the courtroom after the sentencing discussing some business when Mr. Nigon's wife came over to us sobbing and apologized for what her husband did to us. We thanked her and she left. I genuinely feel sorry for her. Mr. Nigon's wife and kids are just as much victims of his horrible crimes as we are. I will try to do my best to see that they are not punished to severely, due to his actions, in the civil trial. When all is said and done though, I feel really good about the way that the day turned out. I may even find it in my heart to forgive Nigon. Who knows, under different circumstances I might have even had a beer with him. But for now, he needs to sit in his cell and realize how wrong his actions were. He has two years to figure it out.
My letter
Judge: Christopher Munch
Prosecutor: Timothy Lane
Case # 30 06CR02289
12-2-06
The day was July the 2nd. Life was going good for me. I had just married the love of my life a little over three months earlier. I had just landed my dream job, with a great starting salary and work that I enjoy. Little did I know that it was all going to be torn apart by a careless drunk.
The evening of July 2nd I went to a bar in Englewood CO called Blondie's Firehouse to have some drinks with my Co-Worker and friend Justin T. We were partying up a storm and had both consumed excessive amounts of alcohol. I was ready to go home, but realized, even in my inebriated state, that I was far too drunk to drive myself home. I decided that it would be best to call my wife who would be getting off of work soon and ask her to come get me. My wife (Julie) showed up at the bar as Justin T and I were just finishing off a plate of greasy nacho's and jalapeño poppers. We hung out for a while, talked and dared each other to sing Karaoke. Then it was time to go. The last thing I remember was walking out the door, and then waking up in the hospital two days later!
When I awoke I instantly knew that something was wrong. I was in a strange room, with many strange people and a few familiar ones. I could not feel my body and everything was incredibly hazy. When I tried to speak, I knew what I wanted to say but it came out garbled. I kept asking what had happened to me. Someone would tell me and a few minutes later I would forget. So I would ask again. Eventually I was able to retain the information.
Although I had been responsible and called for a ride home I would end up suffering worse consequences than had I attempted to drive myself home in my drunken condition. A careless drunk by the name of Mark Nigon had been drinking this Fourth of July weekend as well. He had decided that it would be a good idea to try to drive drunk from Lakewood CO, to Monument CO. This is approximately 80 miles away. Well Mark Nigon Did not make it even more than a mile away from his friend's house. In his drunken stupor he had turned off of Florida Ave and misjudged the median that separates Kipling. He began driving down Kipling going the wrong way and did not even realize that anything was wrong until the cops turned on their lights behind him and started chasing him. Mark Nigon, proceeded to flee from the cops by continuing around the bend at Kipling. Unfortunately we were coming the right way down the same stretch of road. My sober wife driving and myself drunk in the passenger seat, were drunk people should be. As the accident occurred on a blind corner my wife only had a second to react to Mark Nigon coming straight at us. She quickly swerved avoiding a head on collision. The result was Mark Nigon T-boning our Jeep Wrangler with his Dodge Ram 2500 and pinning me into the Jeep.
Nearly every bone in my right leg was broken, I had closed head trauma, my left foot was fractured and my right foot was shattered with pieces of metal sticking though it. I also sustained three hip fractures and two pelvic socket fractures. As I sat in the Jeep Screaming in pain and agony, one officer went to arrest Mark Nigon and the other went to stop Julie from her futile attempts of prying the shredded metal off of my broken body. Mark Nigon had a B.A.C. in excess of .20. An hour later the Paramedics would be able to pry the Jeep off of me and rush me to Swedish Medical Center, where the real pain and suffering could begin.
I awoke in I.C.U. to the site of my loved ones hovering around my bed crying. I was desperately trying to figure out what was going on through the haze of synthetic morphine, oxycontin, and perkeset. Doctors kept coming into the room and asking me questions about what kind of treatments I preferred. To me it sounded like they were speaking in a gibberish comparative to the adults in a Charlie Brown cartoon. Eventually I asked my wife to just make the decisions for me as she was the only one I trusted at the time.
I.C.U was actually the easiest part of being in the hospital. There was enough pain medication to drown out the pain of multiple fractures and over 6 hours of surgery. The real trauma started after I was stabilized and moved to the multi-trauma unit. In trauma they start to cut the pain meds back and they also start to move you little by little. I remember one time the doctors came in and said that they needed to clean me because I had soiled myself. They told my mom to leave the room. I told them "no, she stays." I made her come over and hold my hand. I looked at her and said "this is going to hurt." They began to move me and the pain was so intense that I went into shock. My heart stopped momentarily and I was technically dead.
Events like this were not all that uncommon over the next month. I laid in bed waiting to heal, wondering what my life would be like, wondering what my relationship with my wife would be like, wondering if I would ever walk again, wondering if my job would still be there for me, wondering if my newly bought home would be foreclosed on, wondering when the pain would end. The pain seemed unending and I couldn't take it anymore. I devised several ways that my wife could kill me and I asked her repeatedly to execute them. I was not thinking about the effect that these requests would have on her. At the time I was just trying to figure out how to end the pain. I gave up on life. I stopped eating; I stopped responding to the nurses and doctors. I was angry at my wife for refusing to kill me. All I wanted was to die and have all of the pain and suffering be over with.
My wife never left my side and as a result she was forced to quit her job. As a result of this our financial situation was thrown into turmoil. Our bills became past due. Our house came into real danger of being foreclosed upon. All the while Mark Nigon had been released from jail the day after the accident and was enjoying his wife and his family from the comfort of his newly bought home in Monument. The price of his bail was only $5000 which means that his wife only had to post $500 to get him out. Never once did Mark Nigon call to apologize for his actions. Never once did he send flowers that said I am sorry for what I did to you. Never did I receive a phone call from his family. Never did I receive a message saying that Mark Nigon was going to help us out financially for the turmoil that he had caused us. What Mark Nigon did do was spend his money hiring a lawyer to plea down his criminal charge. He hired one of the best attorneys in civil cases to protect his assets before I even made it to the rehab unit of the hospital. Even now with proof of nearly $200,000.00 in medical expenses caused directly by Mr. Nigon's carelessness, he still fights us so as to give us as little money as possible, while we wallow in the financial, physical and emotional turmoil that he created for us.
Mr. Nigon could easily sell his house and take care of our medical expenses and still have plenty of money left over to put a down payment on a smaller house, but he is set on continuing to watch us struggle just to get back to where we were before he took everything away from us.
Eventually, while Mr. Nigon was busy protecting himself I was moved to the Rehab unit of the hospital. This is were the real pain was about to begin. As my pain medication was being cut I was being forced to move more and more. Often times the pain would be so intense that I would pass out and break out into cold sweats. Every time I was in the wheel chair for more than a couple of minutes at a time I would get weak and struggle to get back into bed where I would promptly pass out from exhaustion.
After about a month I was cleared to leave the hospital and go home. I still needed a physical therapist and a nurse to make frequent home visits. I needed to hire a lawyer to deal with the massive amount of bills and bill collectors calling me and harassing me about paying my medical bills. I just couldn't understand why these bills were coming to me, it seemed like they should have been sent to Mark Nigon, but this is not the way things work. I was in a wheel chair and the people from my work were kind enough to build a ramp on the steps to my house so I could get in and out. They brought all of the furniture from my bedroom upstairs, down into the living room for me so that I could sleep on my bed. To add insult to injury, during this time my cat got out and was killed by a wild animal. My wife was in intense pain and would wake up screaming (this still occurs) every night from the nightmare of the accident. We removed the door to the bathroom so that I could squeeze my wheel chair in there to use it. We bought a bath bench and put it in the back yard so that every 3-4 days I could go out there and hose myself off. It wasn't a real shower but it was the best that I had. I mostly laid in bed every day staring at the T.V. screen, eating perkesets and avoiding the phone. I was embarrassed to be seen. Every time I would have to struggle to get from my wheel chair to the car to go to our numerous doctors appointments, the neighbors would all come to their window and stare at me. All the while finances continued to dwindle as my pain increased.
Through this time it was hard not to think about Mark Nigon, uninjured from the accident, sitting at home with his wife and three kids. Enjoying family time by the fireplace, going to church and doing family things. All the while I was in constant pain and was a burden to everyone around me. Mark Nigon was still free, living his life and only worried about what would eventually happen to him. The letters that we received from his lawyer began spouting what his eventual defense would seem to be made up of. Mark Nigon was a family man with three daughters and a wife. One of his daughters was blind and needed his income and care. We were made to feel like the bad guys now for filing a civil case against him to try to re-establish our lives. Mark Nigon is the bad guy though. Mark Nigon is the one who made a clear decision to get in a car drunk and nearly kill two innocent young people while knowing very well that it would put his entire family in jeopardy. Mark Nigon is playing politics while Julie and I scramble to pick up the shattered pieces of our lives.
Julie and I are not being unfair in anything that we are asking for. We are asking for Mark Nigon to cover the damages that he caused us and the potential future issue's that Julie's injuries and my injuries will likely bring. We are asking that he serve time in jail and not be let off light with work release. We are asking that for the rest of Mark Nigon's life, if he is ever allowed to drive again that he has a device on his car that will not allow the car to start unless he is sober. We are asking that a social worker be assigned to Visit Mark Nigon's house on a regular basis to ensure that his alcohol abuse is not resulting in him beating or abusing his wife and kids in any way. We are asking that Mark Nigon be served justice for the harm and trauma that he has caused us that will be with us for the rest of our lives. We may never be able to rebuild what he has taken away from us. To let him off with anything less than jail time would be a travesty.
Yes it is true that I will heal, but things will never be the same. I will always be afraid to go out on our roads. I will never again be able to enjoy the outdoor sports that I moved to Colorado to be a part of, with the same quality I used to. But most importantly I will never be able to forget Mark Nigon, I will remember his face every time the weather turns cold and I get that dull ache in my leg and hip, every time I see someone swerve on the road, every time I read a story about a drunk driver injuring or killing someone, every time I sit in the passenger seat of a car, every time my wife wakes up in the middle of the night screaming, and every time I have to take her to school or work because she is shaking in fear at the thought of driving. I spent three months of my life in a bed, a wheel chair and a walker. I will spend much more of my life in persistent pain. I do not think that it is too much to ask that Mark Nigon spends at least two years in jail, and is given enough punishment that he never forgets the pain and suffering that he has caused to my wife and I.
Thank you for your time
Prosecutor: Timothy Lane
Case # 30 06CR02289
12-2-06
The day was July the 2nd. Life was going good for me. I had just married the love of my life a little over three months earlier. I had just landed my dream job, with a great starting salary and work that I enjoy. Little did I know that it was all going to be torn apart by a careless drunk.
The evening of July 2nd I went to a bar in Englewood CO called Blondie's Firehouse to have some drinks with my Co-Worker and friend Justin T. We were partying up a storm and had both consumed excessive amounts of alcohol. I was ready to go home, but realized, even in my inebriated state, that I was far too drunk to drive myself home. I decided that it would be best to call my wife who would be getting off of work soon and ask her to come get me. My wife (Julie) showed up at the bar as Justin T and I were just finishing off a plate of greasy nacho's and jalapeño poppers. We hung out for a while, talked and dared each other to sing Karaoke. Then it was time to go. The last thing I remember was walking out the door, and then waking up in the hospital two days later!
When I awoke I instantly knew that something was wrong. I was in a strange room, with many strange people and a few familiar ones. I could not feel my body and everything was incredibly hazy. When I tried to speak, I knew what I wanted to say but it came out garbled. I kept asking what had happened to me. Someone would tell me and a few minutes later I would forget. So I would ask again. Eventually I was able to retain the information.
Although I had been responsible and called for a ride home I would end up suffering worse consequences than had I attempted to drive myself home in my drunken condition. A careless drunk by the name of Mark Nigon had been drinking this Fourth of July weekend as well. He had decided that it would be a good idea to try to drive drunk from Lakewood CO, to Monument CO. This is approximately 80 miles away. Well Mark Nigon Did not make it even more than a mile away from his friend's house. In his drunken stupor he had turned off of Florida Ave and misjudged the median that separates Kipling. He began driving down Kipling going the wrong way and did not even realize that anything was wrong until the cops turned on their lights behind him and started chasing him. Mark Nigon, proceeded to flee from the cops by continuing around the bend at Kipling. Unfortunately we were coming the right way down the same stretch of road. My sober wife driving and myself drunk in the passenger seat, were drunk people should be. As the accident occurred on a blind corner my wife only had a second to react to Mark Nigon coming straight at us. She quickly swerved avoiding a head on collision. The result was Mark Nigon T-boning our Jeep Wrangler with his Dodge Ram 2500 and pinning me into the Jeep.
Nearly every bone in my right leg was broken, I had closed head trauma, my left foot was fractured and my right foot was shattered with pieces of metal sticking though it. I also sustained three hip fractures and two pelvic socket fractures. As I sat in the Jeep Screaming in pain and agony, one officer went to arrest Mark Nigon and the other went to stop Julie from her futile attempts of prying the shredded metal off of my broken body. Mark Nigon had a B.A.C. in excess of .20. An hour later the Paramedics would be able to pry the Jeep off of me and rush me to Swedish Medical Center, where the real pain and suffering could begin.
I awoke in I.C.U. to the site of my loved ones hovering around my bed crying. I was desperately trying to figure out what was going on through the haze of synthetic morphine, oxycontin, and perkeset. Doctors kept coming into the room and asking me questions about what kind of treatments I preferred. To me it sounded like they were speaking in a gibberish comparative to the adults in a Charlie Brown cartoon. Eventually I asked my wife to just make the decisions for me as she was the only one I trusted at the time.
I.C.U was actually the easiest part of being in the hospital. There was enough pain medication to drown out the pain of multiple fractures and over 6 hours of surgery. The real trauma started after I was stabilized and moved to the multi-trauma unit. In trauma they start to cut the pain meds back and they also start to move you little by little. I remember one time the doctors came in and said that they needed to clean me because I had soiled myself. They told my mom to leave the room. I told them "no, she stays." I made her come over and hold my hand. I looked at her and said "this is going to hurt." They began to move me and the pain was so intense that I went into shock. My heart stopped momentarily and I was technically dead.
Events like this were not all that uncommon over the next month. I laid in bed waiting to heal, wondering what my life would be like, wondering what my relationship with my wife would be like, wondering if I would ever walk again, wondering if my job would still be there for me, wondering if my newly bought home would be foreclosed on, wondering when the pain would end. The pain seemed unending and I couldn't take it anymore. I devised several ways that my wife could kill me and I asked her repeatedly to execute them. I was not thinking about the effect that these requests would have on her. At the time I was just trying to figure out how to end the pain. I gave up on life. I stopped eating; I stopped responding to the nurses and doctors. I was angry at my wife for refusing to kill me. All I wanted was to die and have all of the pain and suffering be over with.
My wife never left my side and as a result she was forced to quit her job. As a result of this our financial situation was thrown into turmoil. Our bills became past due. Our house came into real danger of being foreclosed upon. All the while Mark Nigon had been released from jail the day after the accident and was enjoying his wife and his family from the comfort of his newly bought home in Monument. The price of his bail was only $5000 which means that his wife only had to post $500 to get him out. Never once did Mark Nigon call to apologize for his actions. Never once did he send flowers that said I am sorry for what I did to you. Never did I receive a phone call from his family. Never did I receive a message saying that Mark Nigon was going to help us out financially for the turmoil that he had caused us. What Mark Nigon did do was spend his money hiring a lawyer to plea down his criminal charge. He hired one of the best attorneys in civil cases to protect his assets before I even made it to the rehab unit of the hospital. Even now with proof of nearly $200,000.00 in medical expenses caused directly by Mr. Nigon's carelessness, he still fights us so as to give us as little money as possible, while we wallow in the financial, physical and emotional turmoil that he created for us.
Mr. Nigon could easily sell his house and take care of our medical expenses and still have plenty of money left over to put a down payment on a smaller house, but he is set on continuing to watch us struggle just to get back to where we were before he took everything away from us.
Eventually, while Mr. Nigon was busy protecting himself I was moved to the Rehab unit of the hospital. This is were the real pain was about to begin. As my pain medication was being cut I was being forced to move more and more. Often times the pain would be so intense that I would pass out and break out into cold sweats. Every time I was in the wheel chair for more than a couple of minutes at a time I would get weak and struggle to get back into bed where I would promptly pass out from exhaustion.
After about a month I was cleared to leave the hospital and go home. I still needed a physical therapist and a nurse to make frequent home visits. I needed to hire a lawyer to deal with the massive amount of bills and bill collectors calling me and harassing me about paying my medical bills. I just couldn't understand why these bills were coming to me, it seemed like they should have been sent to Mark Nigon, but this is not the way things work. I was in a wheel chair and the people from my work were kind enough to build a ramp on the steps to my house so I could get in and out. They brought all of the furniture from my bedroom upstairs, down into the living room for me so that I could sleep on my bed. To add insult to injury, during this time my cat got out and was killed by a wild animal. My wife was in intense pain and would wake up screaming (this still occurs) every night from the nightmare of the accident. We removed the door to the bathroom so that I could squeeze my wheel chair in there to use it. We bought a bath bench and put it in the back yard so that every 3-4 days I could go out there and hose myself off. It wasn't a real shower but it was the best that I had. I mostly laid in bed every day staring at the T.V. screen, eating perkesets and avoiding the phone. I was embarrassed to be seen. Every time I would have to struggle to get from my wheel chair to the car to go to our numerous doctors appointments, the neighbors would all come to their window and stare at me. All the while finances continued to dwindle as my pain increased.
Through this time it was hard not to think about Mark Nigon, uninjured from the accident, sitting at home with his wife and three kids. Enjoying family time by the fireplace, going to church and doing family things. All the while I was in constant pain and was a burden to everyone around me. Mark Nigon was still free, living his life and only worried about what would eventually happen to him. The letters that we received from his lawyer began spouting what his eventual defense would seem to be made up of. Mark Nigon was a family man with three daughters and a wife. One of his daughters was blind and needed his income and care. We were made to feel like the bad guys now for filing a civil case against him to try to re-establish our lives. Mark Nigon is the bad guy though. Mark Nigon is the one who made a clear decision to get in a car drunk and nearly kill two innocent young people while knowing very well that it would put his entire family in jeopardy. Mark Nigon is playing politics while Julie and I scramble to pick up the shattered pieces of our lives.
Julie and I are not being unfair in anything that we are asking for. We are asking for Mark Nigon to cover the damages that he caused us and the potential future issue's that Julie's injuries and my injuries will likely bring. We are asking that he serve time in jail and not be let off light with work release. We are asking that for the rest of Mark Nigon's life, if he is ever allowed to drive again that he has a device on his car that will not allow the car to start unless he is sober. We are asking that a social worker be assigned to Visit Mark Nigon's house on a regular basis to ensure that his alcohol abuse is not resulting in him beating or abusing his wife and kids in any way. We are asking that Mark Nigon be served justice for the harm and trauma that he has caused us that will be with us for the rest of our lives. We may never be able to rebuild what he has taken away from us. To let him off with anything less than jail time would be a travesty.
Yes it is true that I will heal, but things will never be the same. I will always be afraid to go out on our roads. I will never again be able to enjoy the outdoor sports that I moved to Colorado to be a part of, with the same quality I used to. But most importantly I will never be able to forget Mark Nigon, I will remember his face every time the weather turns cold and I get that dull ache in my leg and hip, every time I see someone swerve on the road, every time I read a story about a drunk driver injuring or killing someone, every time I sit in the passenger seat of a car, every time my wife wakes up in the middle of the night screaming, and every time I have to take her to school or work because she is shaking in fear at the thought of driving. I spent three months of my life in a bed, a wheel chair and a walker. I will spend much more of my life in persistent pain. I do not think that it is too much to ask that Mark Nigon spends at least two years in jail, and is given enough punishment that he never forgets the pain and suffering that he has caused to my wife and I.
Thank you for your time
My mom rocks!
Here is the letter that my mom wrote to the Judge, who is going to sentence Mark Nigon on Dec 18!!!
District Attorney
500 Jefferson County Parkway
Golden Colorado
80401-6020
Judge: Christopher Munch
Prosecutor: Timothy Lane
Case # 30 06CR02289
11/17/2006
On July 2nd, 2006 at 2am my phone rang. I knew it might not be good news but what I was about to hear, I could hardly believe. My 28 year old son (Justin) and his new wife of less than four months (Julie) were driving home and they saw lights flashing. They realized something wasn't right and before they had time to react they were hit broadside in their Jeep by a drunk driver being pursued at a high rate of speed by the police. Julie had swerved just in time to avoid a head on collision. Justin being the passenger was pinned in with extensive injuries. It had taken over an hour for him to be cut out of the Jeep. I was told he was in surgery and Julie didn't know how long he would be in there. Julie was confused as to what she should do, and was trying not to upset anyone. My conversation with Julie was to inquire about her injuries while Justin was being tended to. Julie had refused medical treatment because as a patient she would not be able to be with her husband. Julie was in complete emotional distress. She wasn't sure of what she should do. I called the emergency room to inquire about Justin and the words spoken to me by the nurse were "If he were my son I would get here".
I immediately purchased a ticket and flew from CA to CO and arrived at 8:30 that evening. I arrived at the hospital and walked into the ICU to see my son. I looked at him and fell apart. Justin was hooked up to many monitoring devices. So many you had to be careful where you walked. He was on the highest forms of pain killers. He was on oxycontin, synthetic morphine and liquid vicoden. He had six hours of surgery on one leg only and the Orthopedic felt he had been in surgery to long and it could become to risky to do anymore. He was dripping blood all over the floor and I felt he probably would not make it until the morning. I sat with him all night long and fed him Jell-O, gave him water to drink, rubbed his arm and held his hand. I didn't know when his last breath would be. I would tell him stories and tell him how much I loved him.
After two days in ICU Justin was moved to the trauma floor unit. He laid there for three days waiting for a pelvic specialist to do surgery on his pelvis to stabilize it. Each and every move caused severe pain. The pain was so intense that anxiety would set in. One night I was holding his hand when his heart stopped, his eyes rolled back in his head and his body dropped lifeless. I had lost him. Then moments later his heart started up again and he began to breath. I had him back. The moment I lost him, even for that moment, has changed my life. I know the pain of losing a child. It is an un-bearable pain, that only if you have lost a loved one, can you understand.
The staff of the hospital brought in a bed and between Julie and I, Justin was given 24 hour 7 day a week around the clock care. We fed him, cleaned him, helped change his dressings, and made sure that he was made as comfortable as we possibly could for a full two weeks.
As Julie was not able to leave Justin, she had to give up her job. The care required to sustain him was much. Julie spent everyday helping Justin breath, and exercise his lungs, changing his dressing, feeding him, and loving him enough to deny his request to end his life. Justin did not have the will to live and wanted to die. Julie was ultimately the person in Justin's life to give him the desire to live. Without Julie there I believe Justin would not have pulled through.
Justin had his second surgery five days after admittance. His pelvis was stablelized and our main concerns were infections which could still take his life. We continued to watch carefully and kept all his dressings clean.
After more than a week in the trauma unit Justin was moved to rehab. Some of the most painful times were yet to come as the physical therapy was painful to the point of Justin passing out and barely making it back to his room. Justin would break out in a cold sweat and have to be showered with ice water to keep his temperature down. He ran a temp for two weeks. Breathing treatments continued on a daily basis.
People need to realize when they are sitting home watching television and programs like cops it's real. The reckless driver is speeding and being chased and next thing you know the speeder hits another car injuring innocent occupants. When the credits roll there is the short statement at the end that reads like this. "The driver was sentence to one year and the injured fully recovered"…. Well I'm here to tell you, the injured never fully recover. They do not recover from the emotional distress and they don't sleep as well as they used to. They recover only their injuries after extensive suffering. Justin Experienced three long grueling weeks in the hospital, two months in a wheel chair, six weeks in a walker and then there is the mental suffering that continues day after day with fear. The fear is that they will never be the same. Justin will always walk with a limp and will have joint disorders from the bone damage down the road. He will always be fearful of driving a car and will worry about whether or not he will ever have to go through this again. He doesn't get to enjoy the things in life he has worked so hard to be able to enjoy. He fell short of loss of life just because one guy decided to have a few too many beers. Let's not forget about the financial losses he incurred in the amount of just less than $200,000.00. He is also facing the third surgery nine months down the road to have the screw removed that held his pelvis together. It's not going to be over for a long time and the healing is slow. Not to mention more medical bills to come.
Justin is a just and decent person, he was raised to respect and care. I have a lifetime contract with Justin (see attachment) that deals specifically with drinking. When He was a child Justin agreed to call for advice or transportation at any hour, from any place, if he was ever in a situation where he had too much to drink. He to this day is responsible. He was out playing pool and had some drinks. He called his wife to come drive him home and guess what? He was hit by a drunk who didn't have the common sense to call a cab let alone his wife.
Mark Nigon has it all. He has a wife, kids, a church going family, a home, and a decent job. Everything a man could possibly want or need in his life for it to be complete. One day Mark had too many beers, took the cops on a joy ride at excessive high speed, through the quiet night, going the wrong way down the street and ended up smashing into Justin and his new wife Julie. Mark pinned Justin inside the Jeep to bleed to death. If it was not for the police being on the scene right away, Justin would not be here today. It took the paramedics over an hour to cut Justin loose as he laid there screaming in pain. Justin laid there with a broken hip, pelvis, head injury, pubic diastases, acetabular fractures, right foot fractures, left foot fractures, right open femur fracture, compound tibia, and fibula fractures. All the while Mark, who was falling down drunk, walked away without a scratch, taken to jail to sleep it off. The incident was classified as Vehicular assault: A felony charge from severely injuring another individual in a car accident through reckless driving (commonly alcohol related).
This case of vehicular assault is in fact pre-meditated murder. How could it be different than murder? You go out, make a conscience decision to put an excessive amount of alcohol into your system and determine to go on a joy ride running from the police just to end up almost killing someone. What about the police whose lives were in jeopardy while in pursuit of Mark? We have lost many officers in the line of duty due to drunk drivers. Mark made a conscience decision to drink , get into a 4000 pound killing machine and run from the law inflicting injury on others. Do you not think for one moment Mark has not had his children in the vehicle with him at times while intoxicated? He is a bad example for his family. Any man at the age of 41, has no concern for human life, if he will evade the law in a manner such as he did. Mark's decision was made after his first drink.
Mr. Nigon knew right away that he had trouble coming and hired an attorney to fight for him. He plea bargained to a lesser charge of four charges. He hid behind the skirt of his wife, used the church, and the fact that he has a handicap child to make himself look like we should show pity on him. Mark worries about himself only, worried about how much time he will get or how much money he will have to pay, but never once called to say he was sorry for Justin and Julies's injuries and never had a bit of concern except for himself. Poor Mark! If Mark Nigon gets work release and a year or less the system will have failed us. The D.M.V. suspends drivers licenses for one year due to a D.U.I. Shouldn't Vehicular Assault have a stiffer penalty?
One year and work release is a simple D.U.I charge penalty. Vehicular assault is more severe. Our prisons are full but make no mistake, people like Mark Nigon should not be let off lightly.
I once knew a convicted drug dealer. He fought and fought and he beat the system. He filed hardships and cried until the judge gave him one year with work release and I am here to tell you the criminal mind laughs at judges and juries who let them off lightly. They have beat the system. Work release is not time. It's a place to sleep. Mark Nigon needs more than a place to sleep. This is his second DUI. So what if they were 20 years apart. That just means he didn't get caught in-between.
My family has been torn apart. We all have suffered at the careless hands of Mark Nigon. We ask for substantial time for Mark. Anything less than one year would be devastating to our family. We have suffered greatly and deserve justice. He should serve as much time as the law allows. Most states offer anywhere from 6 to 10 years for severely injuring a person in alcohol related accidents. Nothing less is justice. Also the D.M.V. suspends one's license for one year for a D.U.I. Shouldn't Vehicular Assault do more?
Remember this, I never thought it would be me or my child but it was. If the right thing is not done it may be someone else's child. Maybe even someone you know. We need to send a message to the people. This behavior is not acceptable. The punishment needs to fit the crime or we will not be able to stop these horrendous acts of violence. Please, give Mark Nigon the maximum sentence allowed. Nothing less is acceptable to our entire family. Give Mark Nigon the time, for the punishment must fit the crime.
District Attorney
500 Jefferson County Parkway
Golden Colorado
80401-6020
Judge: Christopher Munch
Prosecutor: Timothy Lane
Case # 30 06CR02289
11/17/2006
On July 2nd, 2006 at 2am my phone rang. I knew it might not be good news but what I was about to hear, I could hardly believe. My 28 year old son (Justin) and his new wife of less than four months (Julie) were driving home and they saw lights flashing. They realized something wasn't right and before they had time to react they were hit broadside in their Jeep by a drunk driver being pursued at a high rate of speed by the police. Julie had swerved just in time to avoid a head on collision. Justin being the passenger was pinned in with extensive injuries. It had taken over an hour for him to be cut out of the Jeep. I was told he was in surgery and Julie didn't know how long he would be in there. Julie was confused as to what she should do, and was trying not to upset anyone. My conversation with Julie was to inquire about her injuries while Justin was being tended to. Julie had refused medical treatment because as a patient she would not be able to be with her husband. Julie was in complete emotional distress. She wasn't sure of what she should do. I called the emergency room to inquire about Justin and the words spoken to me by the nurse were "If he were my son I would get here".
I immediately purchased a ticket and flew from CA to CO and arrived at 8:30 that evening. I arrived at the hospital and walked into the ICU to see my son. I looked at him and fell apart. Justin was hooked up to many monitoring devices. So many you had to be careful where you walked. He was on the highest forms of pain killers. He was on oxycontin, synthetic morphine and liquid vicoden. He had six hours of surgery on one leg only and the Orthopedic felt he had been in surgery to long and it could become to risky to do anymore. He was dripping blood all over the floor and I felt he probably would not make it until the morning. I sat with him all night long and fed him Jell-O, gave him water to drink, rubbed his arm and held his hand. I didn't know when his last breath would be. I would tell him stories and tell him how much I loved him.
After two days in ICU Justin was moved to the trauma floor unit. He laid there for three days waiting for a pelvic specialist to do surgery on his pelvis to stabilize it. Each and every move caused severe pain. The pain was so intense that anxiety would set in. One night I was holding his hand when his heart stopped, his eyes rolled back in his head and his body dropped lifeless. I had lost him. Then moments later his heart started up again and he began to breath. I had him back. The moment I lost him, even for that moment, has changed my life. I know the pain of losing a child. It is an un-bearable pain, that only if you have lost a loved one, can you understand.
The staff of the hospital brought in a bed and between Julie and I, Justin was given 24 hour 7 day a week around the clock care. We fed him, cleaned him, helped change his dressings, and made sure that he was made as comfortable as we possibly could for a full two weeks.
As Julie was not able to leave Justin, she had to give up her job. The care required to sustain him was much. Julie spent everyday helping Justin breath, and exercise his lungs, changing his dressing, feeding him, and loving him enough to deny his request to end his life. Justin did not have the will to live and wanted to die. Julie was ultimately the person in Justin's life to give him the desire to live. Without Julie there I believe Justin would not have pulled through.
Justin had his second surgery five days after admittance. His pelvis was stablelized and our main concerns were infections which could still take his life. We continued to watch carefully and kept all his dressings clean.
After more than a week in the trauma unit Justin was moved to rehab. Some of the most painful times were yet to come as the physical therapy was painful to the point of Justin passing out and barely making it back to his room. Justin would break out in a cold sweat and have to be showered with ice water to keep his temperature down. He ran a temp for two weeks. Breathing treatments continued on a daily basis.
People need to realize when they are sitting home watching television and programs like cops it's real. The reckless driver is speeding and being chased and next thing you know the speeder hits another car injuring innocent occupants. When the credits roll there is the short statement at the end that reads like this. "The driver was sentence to one year and the injured fully recovered"…. Well I'm here to tell you, the injured never fully recover. They do not recover from the emotional distress and they don't sleep as well as they used to. They recover only their injuries after extensive suffering. Justin Experienced three long grueling weeks in the hospital, two months in a wheel chair, six weeks in a walker and then there is the mental suffering that continues day after day with fear. The fear is that they will never be the same. Justin will always walk with a limp and will have joint disorders from the bone damage down the road. He will always be fearful of driving a car and will worry about whether or not he will ever have to go through this again. He doesn't get to enjoy the things in life he has worked so hard to be able to enjoy. He fell short of loss of life just because one guy decided to have a few too many beers. Let's not forget about the financial losses he incurred in the amount of just less than $200,000.00. He is also facing the third surgery nine months down the road to have the screw removed that held his pelvis together. It's not going to be over for a long time and the healing is slow. Not to mention more medical bills to come.
Justin is a just and decent person, he was raised to respect and care. I have a lifetime contract with Justin (see attachment) that deals specifically with drinking. When He was a child Justin agreed to call for advice or transportation at any hour, from any place, if he was ever in a situation where he had too much to drink. He to this day is responsible. He was out playing pool and had some drinks. He called his wife to come drive him home and guess what? He was hit by a drunk who didn't have the common sense to call a cab let alone his wife.
Mark Nigon has it all. He has a wife, kids, a church going family, a home, and a decent job. Everything a man could possibly want or need in his life for it to be complete. One day Mark had too many beers, took the cops on a joy ride at excessive high speed, through the quiet night, going the wrong way down the street and ended up smashing into Justin and his new wife Julie. Mark pinned Justin inside the Jeep to bleed to death. If it was not for the police being on the scene right away, Justin would not be here today. It took the paramedics over an hour to cut Justin loose as he laid there screaming in pain. Justin laid there with a broken hip, pelvis, head injury, pubic diastases, acetabular fractures, right foot fractures, left foot fractures, right open femur fracture, compound tibia, and fibula fractures. All the while Mark, who was falling down drunk, walked away without a scratch, taken to jail to sleep it off. The incident was classified as Vehicular assault: A felony charge from severely injuring another individual in a car accident through reckless driving (commonly alcohol related).
This case of vehicular assault is in fact pre-meditated murder. How could it be different than murder? You go out, make a conscience decision to put an excessive amount of alcohol into your system and determine to go on a joy ride running from the police just to end up almost killing someone. What about the police whose lives were in jeopardy while in pursuit of Mark? We have lost many officers in the line of duty due to drunk drivers. Mark made a conscience decision to drink , get into a 4000 pound killing machine and run from the law inflicting injury on others. Do you not think for one moment Mark has not had his children in the vehicle with him at times while intoxicated? He is a bad example for his family. Any man at the age of 41, has no concern for human life, if he will evade the law in a manner such as he did. Mark's decision was made after his first drink.
Mr. Nigon knew right away that he had trouble coming and hired an attorney to fight for him. He plea bargained to a lesser charge of four charges. He hid behind the skirt of his wife, used the church, and the fact that he has a handicap child to make himself look like we should show pity on him. Mark worries about himself only, worried about how much time he will get or how much money he will have to pay, but never once called to say he was sorry for Justin and Julies's injuries and never had a bit of concern except for himself. Poor Mark! If Mark Nigon gets work release and a year or less the system will have failed us. The D.M.V. suspends drivers licenses for one year due to a D.U.I. Shouldn't Vehicular Assault have a stiffer penalty?
One year and work release is a simple D.U.I charge penalty. Vehicular assault is more severe. Our prisons are full but make no mistake, people like Mark Nigon should not be let off lightly.
I once knew a convicted drug dealer. He fought and fought and he beat the system. He filed hardships and cried until the judge gave him one year with work release and I am here to tell you the criminal mind laughs at judges and juries who let them off lightly. They have beat the system. Work release is not time. It's a place to sleep. Mark Nigon needs more than a place to sleep. This is his second DUI. So what if they were 20 years apart. That just means he didn't get caught in-between.
My family has been torn apart. We all have suffered at the careless hands of Mark Nigon. We ask for substantial time for Mark. Anything less than one year would be devastating to our family. We have suffered greatly and deserve justice. He should serve as much time as the law allows. Most states offer anywhere from 6 to 10 years for severely injuring a person in alcohol related accidents. Nothing less is justice. Also the D.M.V. suspends one's license for one year for a D.U.I. Shouldn't Vehicular Assault do more?
Remember this, I never thought it would be me or my child but it was. If the right thing is not done it may be someone else's child. Maybe even someone you know. We need to send a message to the people. This behavior is not acceptable. The punishment needs to fit the crime or we will not be able to stop these horrendous acts of violence. Please, give Mark Nigon the maximum sentence allowed. Nothing less is acceptable to our entire family. Give Mark Nigon the time, for the punishment must fit the crime.
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
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
A letter to Judge Christopher Munch
Dear Judge Christopher Munch
I just wanted to take a moment to write you regarding a case that you are currently residing over. On July 2nd 2006 I was out at a local bar enjoying the holiday weekend. Upon realizing that I may be to inebriated to drive home I decided to call my wife for a ride. She arrived to pick me up and we made our way home. About halfway there (name deleted due to pending trial) was driving the wrong way down Kipling between Jewel and Florida with a blood alcohol level in excess of .20. As this stretch of road sits on a long blind curve my wife had minimal time to react to this threat and a head on collision ensued. Luckily for me the Police were already chasing (name deleted due to pending trial) on this July 4th weekend drunk driving tirade. Because of the immediate police and medical response to this incident my life was spared. As the impact was more on the passenger side than the driver's side the crumpled car crushed and trapped my leg. My femur broke and severed a major artery in my leg. My shin bone was busted into three pieces, my right foot was totally crushed and was pierced with a sharp piece of metal that had broken off of my Jeep. My left foot was broken as were both my pelvic sockets and my hip in three places. After a team of talented doctors saved my life the determination had to be made if I would ever walk again.
Luckily my back was not broken so the idea of me walking again was looking very good. I stayed in the hospital for a little over a month. Once in the ICU and once in trauma unit I went into shock and my heart stopped from the intense pain that I was experiencing. I was anemic and could not breathe without the help of an oxygen tube. When I was eventually transferred to the Rehab unit I was so weak that I could barely sit up in the chair for more than a couple of minutes at a time. I often communicated during this time by writing on a notepad that I kept with me because I was to weak to talk.
Eventually I was deemed well enough to be transferred home but would spend another six weeks in a wheel chair before I could begin physical therapy to learn how to walk again with the assistance of a walker. During this time not only had I been racking up medical expenses that would eventually approach $200,000 but I had lost the ability to work and earn income. Income that my wife would normally be earning was also lost as she was forced to quit her job in order to stay at home and take care of me.
While these events were occurring and my wife and I were suffering intense hardships (name deleted due to pending trial) was out of jail on a bond the next day after the accident. As I was lying in a hospital in agonizing pain, He was out living his life anyway he saw fit. (name deleted due to pending trial)'s attorney is trying to show that sending him to jail for this crime would be a great disservice since (name deleted due to pending trial) has a wife and three children to support, one of which is a special needs child. The evidence against (name deleted due to pending trial) is so overwhelming that his lawyer will not even think about defending him outright. The time for (name deleted due to pending trial) to think about the welfare of his family was before he got drunk and drove his truck on July 2nd 2006, nearly killing my wife and I, not afterwards. Their family has a considerable amount of assets in the equity of their home with which they could easily use to settle the civil case with us and have enough money left over to survive on while (name deleted due to pending trial) is punished for his crime. There is no reason for him to be given work release instead of jail time. I believe that if (name deleted due to pending trial) is sentenced to anything less than the standard 2 years in jail for vehicular assault, that justice will not have been served. I urge you to give him the strongest sentence punishable by law. The hardships that the (name deleted due to pending trial) family is experiencing due to his negligence are extremely small compared to the hardships that my wife and I have suffered.
Currently I am walking with the help of a cane. I am working out daily in order to get my muscles stronger and trying desperately to get back to how things were before. I returned to work a couple of weeks ago, but the financial damage caused by this incident will effect my wife and I for years to come. Also I have aches and pains in my legs and back that, according to the doctors will be something that I will "have to live with for the rest of my life." Also the rods in my legs will be there for the rest of my life and it is very common for someone who has had their legs reconstructed in the manner that I have, to develop severe arthritis later in life. (name deleted due to pending trial)'s Lawyer would like to suggest that I wasn't hurt that badly, but the pictures of my hospital stay and a stack of medical bills over 8 inches thick will prove otherwise. So once again I would like to urge you at (name deleted due to pending trial)'s sentencing to give the maximum sentence in order to serve justice for the incredibly vicious crime that he has committed against my wife and I.
Thank you for your time
I just wanted to take a moment to write you regarding a case that you are currently residing over. On July 2nd 2006 I was out at a local bar enjoying the holiday weekend. Upon realizing that I may be to inebriated to drive home I decided to call my wife for a ride. She arrived to pick me up and we made our way home. About halfway there (name deleted due to pending trial) was driving the wrong way down Kipling between Jewel and Florida with a blood alcohol level in excess of .20. As this stretch of road sits on a long blind curve my wife had minimal time to react to this threat and a head on collision ensued. Luckily for me the Police were already chasing (name deleted due to pending trial) on this July 4th weekend drunk driving tirade. Because of the immediate police and medical response to this incident my life was spared. As the impact was more on the passenger side than the driver's side the crumpled car crushed and trapped my leg. My femur broke and severed a major artery in my leg. My shin bone was busted into three pieces, my right foot was totally crushed and was pierced with a sharp piece of metal that had broken off of my Jeep. My left foot was broken as were both my pelvic sockets and my hip in three places. After a team of talented doctors saved my life the determination had to be made if I would ever walk again.
Luckily my back was not broken so the idea of me walking again was looking very good. I stayed in the hospital for a little over a month. Once in the ICU and once in trauma unit I went into shock and my heart stopped from the intense pain that I was experiencing. I was anemic and could not breathe without the help of an oxygen tube. When I was eventually transferred to the Rehab unit I was so weak that I could barely sit up in the chair for more than a couple of minutes at a time. I often communicated during this time by writing on a notepad that I kept with me because I was to weak to talk.
Eventually I was deemed well enough to be transferred home but would spend another six weeks in a wheel chair before I could begin physical therapy to learn how to walk again with the assistance of a walker. During this time not only had I been racking up medical expenses that would eventually approach $200,000 but I had lost the ability to work and earn income. Income that my wife would normally be earning was also lost as she was forced to quit her job in order to stay at home and take care of me.
While these events were occurring and my wife and I were suffering intense hardships (name deleted due to pending trial) was out of jail on a bond the next day after the accident. As I was lying in a hospital in agonizing pain, He was out living his life anyway he saw fit. (name deleted due to pending trial)'s attorney is trying to show that sending him to jail for this crime would be a great disservice since (name deleted due to pending trial) has a wife and three children to support, one of which is a special needs child. The evidence against (name deleted due to pending trial) is so overwhelming that his lawyer will not even think about defending him outright. The time for (name deleted due to pending trial) to think about the welfare of his family was before he got drunk and drove his truck on July 2nd 2006, nearly killing my wife and I, not afterwards. Their family has a considerable amount of assets in the equity of their home with which they could easily use to settle the civil case with us and have enough money left over to survive on while (name deleted due to pending trial) is punished for his crime. There is no reason for him to be given work release instead of jail time. I believe that if (name deleted due to pending trial) is sentenced to anything less than the standard 2 years in jail for vehicular assault, that justice will not have been served. I urge you to give him the strongest sentence punishable by law. The hardships that the (name deleted due to pending trial) family is experiencing due to his negligence are extremely small compared to the hardships that my wife and I have suffered.
Currently I am walking with the help of a cane. I am working out daily in order to get my muscles stronger and trying desperately to get back to how things were before. I returned to work a couple of weeks ago, but the financial damage caused by this incident will effect my wife and I for years to come. Also I have aches and pains in my legs and back that, according to the doctors will be something that I will "have to live with for the rest of my life." Also the rods in my legs will be there for the rest of my life and it is very common for someone who has had their legs reconstructed in the manner that I have, to develop severe arthritis later in life. (name deleted due to pending trial)'s Lawyer would like to suggest that I wasn't hurt that badly, but the pictures of my hospital stay and a stack of medical bills over 8 inches thick will prove otherwise. So once again I would like to urge you at (name deleted due to pending trial)'s sentencing to give the maximum sentence in order to serve justice for the incredibly vicious crime that he has committed against my wife and I.
Thank you for your time
Fat ass
So my wife and I went to court yesterday and for the first time we both got to look our attacker straight in the eye. He was a portly fat man in his mid 40s with real sense of arrogance. I don't know if I was more bothered by how smug and out of reach he seemed to be or by the fact that his lawyer looked like Johnny Cochran. It really speaks ill of the profession that someone is even willing to take his case. Luckily I have one of the good lawyers. The only problem with my lawyer is that his receptionist sucks! He is probably one of the only honest lawyers I have ever met though. (Not that I have alot of experience with lawyers.) So this fat fuck asked the judge for a continuance and got it. The D.A. told me that this is something that the Judge grants to everyone who ask at least one time. I objected anyways. I knew it would be turned down but I wanted to make sure that he knew I was there and that I would be going against him on every move that he made. My objection was based on the fact that I felt drunky was stalling and I wanted to keep the case moving foward quickly. The Judge actually got a little offended and asked the D.A. the rhetorical question "I think we move cases faster here than any district in Colorado, don't we?" Well what a jackass thing to say. Nothing is fast enough when your laying in a hospital bed, or sitting in a wheel chair. All you want to do is have this be over with and the judge is granting people more time so that they can go on living thier lives like nothing has happened, while you are living yours crippled. I wish judges would take the victims into account rather than thier protocals. As Drunky was walking out I attempted to lock eyes with him. He looked at me for about 2 seconds and realized who I was. Then he refused to make eye contact anymore. I hope it was embarrassment. As my wife and I were leaving she started to cry. She said she had never felt so much hate in her entire life. We sat down on a bench in the foyer. About this time Drunky and his seedy ass lawyer came walking by. My wife got a look in her eye like a rabid pit bull, I was getting ready to try to stop her from doing whatever it was she was about to do when Drunky and his lawyer seeing us on the bench did the smartest thing they have probably ever done in thier life, they turned around and went the other way. God I love my wife. I watched Drunky walk all the way to his car to make sure he wasn't driving himself. Unfortunatly he was picked up by someone. Fuck! How great would that have been to call the cops on his and get him arrested for driving illegally. Well he has one shot to save his ass and that is with the use of a civil offer that he is supposed to turn in next week. It better be fucking good, or I will ensure that he is never able to own anything again. No houses, no cars, no loans. Until he makes this right, my life is dedicated to making his as shitty as possible. If he ends up becoming homeless I will be sure to forward a picture of the fat fuck so you know which bum to not give money to.
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About Me
- angelsdepart
- By believing passionately in something that still does not exist, we create it. The nonexistent is whatever we have not sufficiently desired. - Franz Kafka