BREAKING: Man who killed bicyclist, fled scene of accident gets year in jail
Kevin Michael Pastotnik will spend up to a year in Isabella County Jail and face five years in probation after being sentenced Thursday.
The Weidman man must also pay $500 in fines for each charge: driving while on a suspended license causing injury and failure to stop after an accident causing serious injury or death.
Pastotnik will also complete 500 hours of community service over his five-year probation. Work release while serving his jail time was left to the discretion of the jail staff.
Pastotnik pleaded guilty to the charges after he hit and killed bicyclist Elias Nelson Lopez with his vehicle in August and then fled the scene. He faced a maximum 10-year sentence originally.
“My client knew he had hit someone, he just couldn’t come to terms with it.” said Daniel O’Neil, Pastotnik’s attorney. “He called the police the next morning because he was consumed by guilt.”
Pastotnik said he was very remorseful over the death.
“I want to tell the Lopez family that I am sorry,” he said. “I spent a lot of time wishing our roles could be reversed.”
O'Neil said he hoped Pastotnik would be allowed to continue working so he can pay the court and the victim's family.
Judge Mark H. Duthie, who presided over the case, said he understood the Lopez family's desire for the maximum sentence in prison. However, he said Pastotnik’s ability to work and pay his fines were important, as well as providing for his family.
Barbara Lopez, wife of the deceased Elias Lopez, said she was shocked by the lightness of the sentence.
“He has prior reckless driving history. No justice was served here, Lopez said. “I hope he’s remorseful because if he is then that is the only justice that I will get.”
Because the sentence was within the sentencing guidelines, a successful appeal is very unlikely, said Isabella County Prosecutor Larry Burdick.
"The whole situation is tragic." said Stuart Black, senior assistant prosecutor, "But that's the sentence that was given."
