(Spirit Lake)– A Sioux Falls man charged in an August, 2005 hit-and-run boat crash on West Lake Okoboji that claimed the life of Michael Brosnahan, a Perry dentist, and injured his wife, was sentenced this (Thursday) afternoon in Dickinson County District Court in Spirit Lake.
Justin Nearman pleaded guilty November 20th to a charge of operating a boat while intoxicated resulting in the death of another person.
Nearman could have been looking at up to 25 years in prison. But at today’s (Thursday’s) sentencing, District Judge Patrick Carr accepted terms of a plea bargain and sentenced Nearman to ten years in prison, with the last five years to be suspended. Nearman will also be placed on probation for five years following the jail sentence; must undergo substance abuse treatment and was ordered to pay restitution to the Brosnahan family, including more than 13-thousand dollars in funeral expenses.
Judge Carr handed down the sentence after hearing a victim impact statement read on behalf of Brosnahan’s wife, Jill, and one of their children, saying they will forever miss their husband and father and that his death was the result of poor judgement.
Several character witnesses were called to the stand by the defense, along with Justin Nearman himself. Nearman expressed remorse for his actions, saying he’s accepted full responsibility for what took place and accepts all punishment for what happened. He also said he will never drink alcohol again, adding he hopes the Brosnahans can “some day find it in their heart to forgive me”.
After announcing the sentence, Judge Carr said he hopes those affected by the tragedy can now begin the process of healing.
Today’s (Thursday’s) sentencing was held before a standing-room-only-crowd in the main courtroom at the Dickinson county courthouse, with members of both families present, including Jill Brosnahan and her children.
A civil lawsuit was filed by Jill Brosnahan on behalf of her two children against Nearman and the boat’s owner. It was settled out of court in November. Terms weren’t disclosed.
