The Sentencing 9/10/08

The sentencing was last week in Las Vegas. Several of Daniel's family members went in honor of Daniel. It was a very emotional day, but Judge Jennifer Togliatti did an amazing job at comforting our family. We all left feeling like she knew Daniel and was not making him just another statistic. I am copying the minutes from the hearing. To sum it up, the case was a plea bargain with Dana Mandell pleading guilty to only ONE of three charges. She plead guilty to (DWI accident w/Fatality/bodily harm), which is a felony. She was sentenced to 8 years in prison, but will be able to go up for parole after 3.


Court noted correspondence and documentation provided in preparation for
sentencing in this matter. HAVING PREVIOUSLY PLED GUILTY TO COUNT 1 OF THE
INDICTMENT, DEFT. MANDELL ADJUDGED GUILTY of DRIVING AND/OR BEING IN ACTUAL
PHYSICAL CONTROL WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR CAUSING
DEATH AND/OR SUBSTANTIAL BODILY HARM (F). Statement by Deft. apologizing to
Victim and family. Argument by counsel in mitigation of sentence. Victim
speakers, Patricia Sharp, Grandmother of Decedent; Lexi Mathers, Sister of
Decedent; Sharrie Baird-Mathers, Mother of Decedent, Daniel Baird, gave
impact statements in consideration of sentence. Court addressed the
Victim's family and advised them of the nature of the negotiations and the
law regarding the stipulated sentence. COURT admonished Defendant and
ORDERED, in addition to the $25.00 Administrative Assessment Fee, $60.00
Drug Analysis fee, $150.00 DNA Analysis fee including testing to determine
genetic markers and $18,665.53 Restitution (VC 2179284), Deft. SENTENCED to
a MINIMUM of THIRTY SIX (36) MONTHS and a MAXIMUM of NINETY (90) MONTHS in
the Nevada Department of Corrections (NDC) with 13 DAYS credit for time
served; DEFT. REMANDED to CUSTODY in this matter for incarceration in NDC.
COURT ORDERED, BOND EXONERATED. CASE CLOSED.

NDC