Tucson man given 8.5 years for violating probation
A Tucson man whose baby died as a result of an alcohol-related
incident was sentenced to 8.5 years in prison Monday for violating
his probation in that case by driving drunk with two children in
his car.
Daniel Hendricks, 25, and other family members were drinking
alcohol at a rest area in the Tucson Mountains when the baby fell
12 to 15 feet off a wall at Gates Pass in April 2007.
Hendricks pleaded guilty to negligent homicide in April 2008 and
was placed on three years' probation by Pima County Superior Court
Judge Howard Fell.
The defendant was recently arrested on aggravated driving under
the influence and child abuse charges, to which he pleaded
guilty.
On Monday, Deputy Pima County Attorney Linda Garcia asked Fell
to give Hendricks 3.75 years - the maximum sentence possible for
the negligent homicide - plus consecutive, maximum sentences on the
DUI and child abuse charges.
Hendricks' wife, Lisa, told Fell their other son needs his
father at home and she hoped he wouldn't give her husband a lot of
time in prison.
Defense attorney Anne Elsberry asked Fell for some leniency.
Hendricks' father went to prison when Hendricks was 10 for
killing his mother in a drunken driving crash, Elsberry said. After
the death of his son in April 2007, Hendricks avoided getting
counseling because he was reluctant to talk about his feelings and
didn't appreciate the need.
His DUI arrest happened around the anniversary of his mother's
and son's deaths, Elsberry said.
Hendricks now knows he needs to get counseling and he's been
attending Alcoholics Anonymous meetings in jail, Elsberry said.
Hendricks told Fell he is sorry and realizes he can't battle his
alcoholism alone.
Fell sentenced Hendricks to 2.5 years for negligent homicide,
plus a consecutive six years on the new charges.
The judge told Hendricks he understands why Hendricks might want
to drown his pain.
"I get that, but you don't have to drive a vehicle," afterward,
Fell said.
