State of Kansas v. Heath

Danny Heath (defendant) and Kord Cole were friends and coworkers who commuted to and from work together. Heath got into an accident while driving Cole, and Cole was killed. Heath’s blood alcohol level was 0.151 percent. Heath pleaded no contest to involuntary manslaughter. The presumptive prison term was 50–55 months. Heath moved for a downward dispositional departure. The evidence established that Heath and Cole had stopped at a tavern after work. On the way home, after driving 25 to 35 miles, Heath swerved to avoid a piece of tire on the road, and the car slid into a utility pole. Cole’s parents visited Heath upon his release from the hospital, and Heath promised he would stop drinking. Cole’s sister visited Heath and sat beside Heath’s wife at the preliminary hearing. Cole’s father testified that there was no need for Heath to go to jail and that Heath had quit drinking and had a family to take care of. Cole’s mother testified and included in her victim statement that Heath did not intentionally kill Cole; she hugged Heath outside the courtroom before the departure hearing and told him he needed to take care of his family. Heath acknowledged his responsibility for Cole’s death. Heath testified that he had lost his parents and brother, knew the pain Cole’s family was experiencing and was sorry for causing it, and had stopped drinking. The court sentenced Heath to 50 months but granted a dispositional departure and placed Heath on probation for 60 months based, in part, on Cole’s father’s testimony that Heath should not be incarcerated and Cole’s mother’s testimony that Heath did not intentionally kill Cole. On appeal, the state (plaintiff) argued that statements made by Cole’s parents were neither a substantial and compelling reason for departure nor a mitigating factor in sentencing.