SPARTA, WI (WXOW)—A Sparta man is sentenced to ten years for felony homicide by intoxicated use of vehicle.
Jason Schodeberg's term will be divided to five years in prison and five years of extended supervision for the accident that killed his older brother, Glenn Schodeberg.
Jason and his family were emotional during sentencing.
His mother, Sandra, told the judge she loves both of her sons and she doesn't want to lose another one to the system.
"All I want to see is him get the counseling and the help he needs. To lock him away is no help," Sandra said.
Jason said he feels terrible about losing his brother and his mom losing a son.
He doesn't remember what happened in the 2009 accident.
"I remember driving at one point, stopped at a gas station in Cashton, that was the last thing I remember," Jason said. "Next thing I remember seeing the car and grass. I remember seeing two people looking down. Saw my brother and it wasn't right."
He said he wasn't trying to run from the charges, because he doesn't know the truth.
While initially it was unclear who was driving, based on witnesses and Jason's DNA found on the drivers side air bag, he was arrested in 2012 on the homicide charge.
Jason pled no contest. The judge says that shows he is beginning to take responsibility for his actions.
The judge said the public has a right to a significant and meaningful sentence, in part because this was his third OWI.
The judge said over six years, Jason was convicted of a crime every four and a half months.
"Given this was not Mr. Schodeberg's first OWI related offence it really was appropriate. There was some punishment necessary even though he will be punishing himself for the rest of his life," Candice Tlustosch, Jason's attorney said.
Jason will be given credit for the 246 days he has already served.
As part of the plea deal, Schodeberg received no additional jail time on a separate battery case.
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