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Man gets 60 days for woman's death
Vehicular manslaughter charge also carries 3 years probation
Saturday, August 23, 2008
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William McDonough will spend 60 days in Napa County jail for the traffic death of a 39-year-old pregnant Calistoga woman.

Although not charged with road rage, deputy district attorney Catherine Borsetto, who prosecuted the case, alluded it played a major role in Jennifer Haden’s March 2007 death.
McDonough, 48, was charged and pleaded no contest to misdemeanor vehicular manslaughter — non alcohol, non gross negligence. At his sentencing last week, Napa County Superior Court Judge Rodney Stone also ordered McDonough serve three years probation and perform community service.

Haden was killed in a three-car crash on Highway 29, south of Madison Avenue in Yountville. She was driving south on the highway. McDonough was headed north in his Nissan pickup. Where the highway narrows to one lane, McDonough attempted to pass a minivan, driven by Greg DeCaro, 56, of Calistoga.
According to Borsetto’s sentencing brief filed with the court, DeCaro said he honked his horn at McDonough when he made the unsafe pass. McDonough hit his brakes in front of DeCaro’s vehicle in an “act of spite,” Borsetto said in the court document.

McDonough’s braking, caused DeCaro to slam into the back of McDonough’s pickup, pushing him into oncoming traffic and slamming into the driver’s side door of Haden’s Toyota. Haden, who was about four months pregnant, died at the scene.
Witnesses told investigators that they did not see any reason for McDonough to slam on his brakes, and he was speeding and weaving in and out of traffic prior to the accident.

However, McDonough told probation officers in an interview before his sentencing that DeCaro was tailgating him and he was watching his rear-view mirror. He said when he resumed looking at the traffic in front of him, it was stopped and he had to slam on his brakes to avoid hitting a car. He denied speeding and weaving.

McDonough described Haden’s death as a “horrible accident,” according to the probation report.

He said he entered the no contest plea so not to have to put his family and victim’s family through a court trial. He also said in the report that “I didn’t want to fight with the victim’s family in court.”

The probation officer said she did not think McDonough took responsibility for his actions, adding he was “shocked DeCaro was not charged (with a crime) and he was.”

In a letter to Judge Stone, McDonough expressed his sorrow about Haden’s death and how he wanted to address her family earlier.

“I think about the victim all the time and all she is missing out on ... birthdays, motherhood,” McDonough wrote.

Victim impact statements written by Haden’s sister, Kelly Knapp, and friend Kristen Boyd, expressed their grief for the loss of someone very special and close to them. Both asked the court to hand down the maximum sentence, which is one year in county jail.

At the time of her death, Haden was a hostess at Mustard’s Grill on Highway 29, just north of Yountville.
36 comment(s)

SouthNapa wrote on Aug 23, 2008 12:20 AM:

" 60 days is not nearly enough of a sentence for this guy. Frankly, one year wouldn't have been enough, but given that is the maximum the law allows it would have sufficed. Mr. McDonough was the direct cause of a loss of two innocent lives and for Judge Stone to only hand out a 60 day sentence is a travesty. "

comment wrote on Aug 23, 2008 2:05 AM:

" What a horrible story. Everyone can learn from Mr. McDonough. We all have moments behind the wheel when another driver makes us angry or upset. It's good to stop and think about your possible actions for a moment. It could end up saving someone's life. "

GregN. wrote on Aug 23, 2008 2:10 AM:

" Thank god there was some closure for this. I truly wish this gentleman would have received more time, but I hope he learned his lesson, and I hope this doesn't happen again. "

Ephemerol wrote on Aug 23, 2008 2:42 AM:

" I am nearly at a loss for words with this issue as it's so horrific and yet ubiquitous at the same time. Worse, nothing I say or write will alter or deter the actions of those who engage in this behavior in all of it's colors. This so called 'man' is a really developmentally arrested young boy and schoolyard jerk who never grew up emotionally or psychologically. There are millions of them being born and thus 'created' everyday to take his place when he is no longer with us and this is what disturbs me and make me feel that sense of 'ill at lease' with my fellow man and woman in 2008. The most dangerous thing we all do is drive our car at any speed. The consequences of even good intention people, careful people, and responsible ones, is null and voided by the evil of these arrogant, vindictive, joyless and loveless "others". And they are going to let this "thing" out of jail in 60 days? If so take away his drivers license for ten years and enforce it before he kills someone else! "

vercingetorex wrote on Aug 23, 2008 6:02 AM:

" Sixty days for driving like a moron and causing someone's death?!!!
An absolute joke. Sleep well, Judge Stone.
"Justice" was not served by you. Not at all. "

Dirty Napkin wrote on Aug 23, 2008 6:11 AM:

" But there is the community service.. People take it lightly, but it is a major burden on a person. It takes time and money to do some of the jobs they want you to complete. I know, I know, some are made way too easy by the organizers, but some just quite simply may as well be jail time. RIP to mom and baby.. "

ketama wrote on Aug 23, 2008 7:25 AM:

" 10 years (hard labor) sounds about right! "

elb wrote on Aug 23, 2008 7:53 AM:

" I think that we can all read this story and know that this is a perfect example of cause and effect gone awry, way awry.

Who can read this story and pretend that they have never "punched it" to get around someone or become angry over being tailgated... (Now whether any of us would risk our own lives by slamming on the breaks so we can possibly be rear-ended is another issue...)

But my point is that we have all become frustrated and taken chances we shouldn't have probably taken while on the roadways. This story begs the question; "Why? Was it really worth the risk?"

This story here should serve to remind us all to slow down and be nice to one another on the road. Yes, to be nice, even, to the jerk that does something he probably shouldn't have done in the first place. "

nan03 wrote on Aug 23, 2008 8:12 AM:

" "South Napa" I couldn't agree with you more. "

Two Cents wrote on Aug 23, 2008 8:24 AM:

" What a joke... not to mention he'll most likely only serve 40 days of the 60. "

Demo Cracy wrote on Aug 23, 2008 8:34 AM:

" What a travesty our justice system can be. A fast moving car is a deadly weapon as this shows. Two people having to take out their anger on each other by playing bumper cars on a hiway shows how life is still a carnival ride for some. But it is over for Ms. Hayden and her unborn child. How can the judge give such a light sentence? That is the question for me. "

amelia wrote on Aug 23, 2008 9:03 AM:

" This man must of had the luck of the devil on his side that day in court. Not only was he a reckless driver, by acting the way that he did because whatever immature reasons that he had, he killed 2 people who had nothing to do with him. I do not believe that justice was served, I think that the judge was wrong and at the very least, McDonough should be performing services to the family such as maintaining Haden's gravesite for the rest of his life. Something that would remind him of his "act of spite." "

napablogger wrote on Aug 23, 2008 9:36 AM:

" elb, I agree with you. To those who say there is nothing we can do, stop aggressive behavior yourself on the road. You know you get mad behind the wheel sometimes, everyone does, but the thing to do is don't act it out.

Once I made up my mind that I would never get mad again on the road, I found that it was easier to let things other drivers did that made me mad pass on by. Sometimes my wife will comment, like did you see that? and I will just ignore it. It ain't worth it. "

jmo wrote on Aug 23, 2008 9:36 AM:

" WOW! Judge Stone blwe this one. Gee 30 days for each death caused by his resckless driving.

I don't believe Mc Donough...hw was lieing to try and save his ..s. He should have "maned up"..not plead "no Contest".

I smell a wrongful death law suit coming.
I hope he sleeps well at night. "

amazed wrote on Aug 23, 2008 9:43 AM:

" Usually I write in defense of our court system. On this occasion, I am disgusted. Sixty days for two lives? "

hog1 wrote on Aug 23, 2008 10:16 AM:

" I'll bet every murderer in california was wishing that they had this judge, the judicial system at its best. "

reason-ator wrote on Aug 23, 2008 10:40 AM:

" So, we have a guy who got angry, honked his horn and crowded a car in front of him because he was angry. He basically starting the 'exchange', and all the justice-wanters are blaming the other guy ?

In this PC world, stupid people are allowed to drive poorly. and then justify their lousy driving by claiming the other guy had "road rage", which by default supposedly makes the lousy driver a better person ? I'm starting to think there are people who get satisfaction from angering people by driving poorly.

The roads are there for us to share. They're not for us to compete on. If someone wants to risk his life to save a few seconds of his life, why not just let him have his way ?

If you have ten fingers, why do you have to share the biggest finger with everyone ? It's wrong that the horn-honker is getting off even more scot-free than the brake-slammer. "

kevin wrote on Aug 23, 2008 11:07 AM:

" My deepest condolences to the family and friends of Jennifer.

McDonough inability to control his vehicle (he locked up his brakes causing an uncontrolled skid into the oncoming traffic) is inexcusable and he deserves jail time for his actions. But I see MANY other drivers every day who have not mastered this same basic driving skill.

However there remains more unanswered questions. Why did the lead vehicle in front of McDonough suddenly slow down? Come to find out, he is DeCaro's friend and they were traveling together in separate vehicles. Did they not want McDonough to get between their vehicles? McDonough would not have known that when he was trying to merge between them. Was he trying to "punish" McDonough by suddenly slowing?

I was following these vehicles that day and I saw no traffic in front of the lead vehicle. The traffic light ahead was green. No dog ran across the road. In my opinion, there was no reason for the lead vehicle to suddenly slow down.

Road rage is a terrible thing. We all experience it. This tragic incident is a reminder that our actions have repercussions, sometimes far in excess of what we intend. "

me2you wrote on Aug 23, 2008 11:44 AM:

" I can hardly think of words to say...., Jennifer's Father, her mother, her Grandparents & siblings will NEVER see her again and OUR law is at a place where ANYONE would receive such a sentence for such a CRIME!! Something needs to change. "

14obama wrote on Aug 23, 2008 1:56 PM:

" Here we go again ! Same ol bunch of whiners and judges. Are you saying that our court system is flawed ? Does a buffalo have bad breath ? "

crazylady680 wrote on Aug 23, 2008 2:08 PM:

" What is this world coming to when some idiot can get away with the murder of two innocent people. Now if it had been a black man or a mexican they would have thrown the book at them but no it is a white man with an attitude problem. I have been a victim of ROAD RAGE a few times and it is pretty scary. I was also rear ended by some moron who was tailgating me. What the judge did is unspeakable he should be taken off the bench for such a leniant sentence like he handed down. Judge this is for you what would you have done if it were one of your family? Would you have been so soft on the person who killed one of your own? I think not. My heart and prayers go out to the family of the lady and her unborn baby "

mafi wrote on Aug 23, 2008 2:09 PM:

" Karma needs to step in fast. "

savenapa wrote on Aug 23, 2008 2:27 PM:

" As always, the article raises more questions for me than it answers so I cannot give an opinion one way or another. I do find it difficult to understand that tailgating, attempting unsafe passes, etc. are just overlooked as no problem here. It boggles my mind when I see the self-absorbed yuppie mindset being justified in almost every walk of life. I eagerly await the day when we will all give an account for our thoghts and actiopns. "

Winewoman wrote on Aug 23, 2008 2:45 PM:

" There is always more to the story as was shown to us by kevin's post. So it turns out there was more than one immature too-old-to-be-acting-that-way grown men with bad driving skills playing games on the road and endangering the lives of innocents. 60 days for 2 lives is a miscarriage of justice. Unbelievable. Just last week I was caught in the middle of two blinded-by-testosterone males weaving in and out of traffic, slamming on their brakes, tailgating innocents and speeding at 2 in the afternoon leaving the Napa Junior College. I happened to pull up next to one as he was leaving Napa and I ripped into him about endangering the lives of everyone who was around him. His reply..."huh?". "

i4aneye wrote on Aug 23, 2008 2:48 PM:

" many years ago i recieved a 90 day senence in a wet wreckless conviction. i did no harm to anyone but myself. i cant believe you can kill someone and get less time than you do for driving on crank. "

asahigo wrote on Aug 23, 2008 3:37 PM:

" Rest in peace Jennifer, my condolences to the family. "

Suze wrote on Aug 23, 2008 5:47 PM:

" I have been passed in the same spot as this accident by a few 'McDonoughs' - to no purpose of course, as traffic is slowing right down there not to mention the speed limit change. The top of the hill in Carneros is another favorite spot for these IDIOTS who just HAVE to pass you as the lane becomes single track. I honk at them too! 60 days! Just a brief hiccup in his life before it all blows over. It must have been quite a letter to that judge! "

hawkeye wrote on Aug 23, 2008 9:11 PM:

" Yep, I honk as well. Not only that, but just before it goes to one lane, you know, past the sign that says "no passing", if someone is huffin' it to pass me at the last second, I'll actually drift over and straddle both lanes as it merges. I do that to prevent the McDonoughs, or Mc-Dodo's from dangerously passing at the last possible millisecond. Years ago someone actually passed me AFTER the merge, on the shoulder, and they got 5 minutes of continuous horn honk from me. I was NOT HAPPY to say the least. I have absolutely no patience for wreckless drivers and I let them know. "

elb wrote on Aug 23, 2008 9:36 PM:

" I wonder how many accidents and or deaths have occurred at that spot.

Maybe at those "Death Trap" locations, the city should post what I call "Since Signs" that tally the reality for the McDonogh's of the planet. Example:

Since 1975
Accidents: 256
Injuries: 220
Deaths: 98

Obviously the occasional roadside memorial isn't slowing people down so maybe a sign like this would serve to remind people that they need to slow down and play nice. "

jmo wrote on Aug 23, 2008 11:08 PM:

" elb,
Wow!, not a bad idea. Are you listening CHP? "

Native74 wrote on Aug 25, 2008 8:38 AM:

" I called the cops on a guy playing road games a couple of weeks ago, similar to the one described in this awful scenario....they took the information down only after I mentioned a witness who could vouche for me (I was close to home when it happened). The man literally stopped his car in the middle of a country road (double yellow) on a blind curve yelling at me to go around him. He was playing the brake and go game and driving about 20-30 mph in a 55 zone!

Our local and regional enforcement need to take these calls seriously and not blow it off.

I pray for the family who lost the most from this accident that could have been easily avoided with patience. Something that many of us have seemed to have lost. "

realist2 wrote on Aug 25, 2008 9:59 AM:

" I am with you Hawkeye. I do the same. I have terrible road rage but it is do to the idiots on the road in exactly these situations and those who run red lights. Somebody please tell me when there is ever a significant time savings in passing on 29 anywhere north of Napa. You may gain a few seconds before encountering the next vehicle. Where exactly was McDummy going to go? I am certain there was not an open highway in front of him.

My heart goes out to Jennifer's family. I can not imagine losing my daughter in such a senseless manner. 60 days is an insult to humanity. "

mafi wrote on Aug 26, 2008 8:16 AM:

" on hwy 32 into modesto there's a huge sign stating the accidents, deaths, asking if your next, very sobering indeed. "

mom4melia wrote on Aug 26, 2008 10:45 AM:

" That story is really sad. I can't believe he only got 60 days.
My sis was driving on highway 12. The CHP is really cracking down on that highway (Suisun).
She had this guy behind her pushing her so she would get over only for another car to be in his way. So he would get back behinnd sis and push her again. She had her baby in the back and he was making her nervous. She punched it to get over and away from him.
Guess who got the ticket? And guess what the CHP told sis when she told him why she punched it to get in a safe spot?
He told her she could have simply tapped on the brakes.
After reading this story, I'm more furious than I was before.
Unfreakinbelievable! "

napan007 wrote on Aug 26, 2008 11:33 AM:

" Passing is something that should be done quickly and accurately, not dangerously and with resistance by the pass-e. Everyone needs to CHILL on the roads. If a car is going slower than you, pass it safely. If a car is behind you indicating they want to go faster, make sure you're in the righthand lane (if there's more than one to work with) and if not, use turnoffs. It's the law. And if a car is antagonizing you, move away from them without escalating the situation (hint: you will either need to go faster or slower... :) )

There is no need for people to choose to get angry with one another. We all move at different speeds in life as well as in our cars and that's why passing laws and guidelines exist so we can continue our chosen speeds without impeding the flow of traffic. And cops are around to make sure we're not going TOO fast or slow. We don't need to police each other.

Be safe and smart, people! "

Oldies2 wrote on Sep 5, 2008 10:21 AM:

" If you've ever been a victim of road- rage,it makes you realize how scarry it is!
To everyones sorrow, it takes the death of a young woman to draw attention to the fact,no one's going to help you on the road.
I called for help and I was told to come to the Hwy.Patrol Monday and make out a complaint. This was on a Saturday on Hwy. 29. That helps alot!!! "

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