When Kilchermann received an eight-year prison sentence for his 12th drunken driving offense, he believed that the judge had been too harsh.
He requested the state Court of Appeals to show leniency.
No, it is not the answer.
In 2022, Kilchermann, aged 57, was found guilty of third-offense drunken driving as a four-time habitual offender. Michigan’s drunken driving laws only classify offenses up to the “third-offense” level, despite the possibility of individuals having more than three offenses.
On January 2, 2022, according to a Court of Appeals ruling, it was revealed that he was driving with the intention of purchasing more alcohol. Unfortunately, during his journey, he collided with the back of a pickup truck. Although he initially fled the scene, he ultimately decided to return shortly thereafter.
His blood-alcohol level was determined by the police to be 0.17, which is more than twice the legal limit in the state.
He eventually admitted guilt for operating a vehicle while intoxicated for the third time.
State sentencing guidelines mandated a minimum prison sentence of 58 months. However, Judge Mark Trusock of Kent County Circuit Court surpassed these guidelines and imposed a sentence of eight years. The maximum release date, subject to a future decision by the state parole board, is set at 60 years.
Trusock believed that a 12th conviction for driving under the influence while intoxicated warranted a more severe punishment.
According to Trusock, drinking and driving poses a significant risk to everyone involved. He firmly believes that individuals who engage in this behavior are incapable of controlling themselves. Trusock emphasized that it is only a matter of time before such individuals cause harm either to themselves or to others.
Kilchermann later sought the state Court of Appeals to overturn Truosck’s decision, as he had exceeded the suggested sentencing guidelines.
The ruling released on January 11 stated that Trusock did not abuse his discretion, according to a three-judge panel.
Kilchermann’s adult criminal record includes 29 cases, with 25 percent of them related to drinking and driving, according to the judges’ findings.
The judge also took into account his responsibility to safeguard society from intoxicated drivers and the potential danger that the defendant, as a repeat offender, posed to the community.
