Douglas Co. DUI Driver Gets Lighter Sentence 2nd Time Around

CENTENNIAL, CO -- A reconsidered and much lighter sentence for a convicted DUI driver's fatal hit and run left prosecutors in Douglas County frustrated. A district judge on Thursday re-sentenced Daniel Swecker, 47, of monument to 180 days in jail and four years of probation in the 2012 hit-and-run death of Nelson Marvin Canada, 24.

A 2014 jury found Swecker guilty of vehicular homicide and a judge sentenced him to 6 years in prison. But after a series of appeals, Swecker was granted a reconsideration of his sentencing.

“I respect the court and the process the court employed, but I respectfully and strongly disagree with the decision,” said District Attorney George Brauchler in a press statement. “This was a guy who was operating on his third DUI. He ran over and killed an active duty soldier, one who had survived a deployment to Afghanistan only to be run over by a repeat drunk driver. Then, Swecker fled the scene to avoid apprehension and responsibility. He never himself said he was responsible for killing this good man. Today he walked out of here not having to spend 10 seconds in prison.”

Swecker was driving drunk on Interstate 25 in Castle Rock on Feb. 25, 2012, when he hit and killed Canada, a statement from the district attorney's office said. Canada was a passenger in a vehicle with a driver who he believed was intoxicated. Canada got the driver to stop so Canada, who was sober, could take the wheel.

Swecker's car struck Canada, who was standing in the right lane. Swecker walked away from the scene, leaving Canada’s body in the roadway, the DA's office said.

A jury on May 27, 2014, found Swecker guilty of vehicular homicide DUI and leaving the scene of a deadly accident. On July 11, 2014, a judge sentenced Swecker to six years in prison but ruled he could stay out on bond while he appealed his conviction.

Swecker’s appeals were denied all the way to the U.S. Supreme Court.

“Every step of the way, the defendant avoided taking any responsibility for his conduct. He blamed the victims and the way the road was built and the lab that tested his blood, but a jury of Douglas County citizens didn’t buy it,” said Senior Deputy District Attorney Chris Wilcox, who prosecuted the case. “Their verdict still speaks loud and clear: He drove drunk and killed a father and husband in our community.”

Swecker’s motion to have his sentence reconsidered was granted, and a hearing was held Jan. 18. Thursday the judge issued her decision. Swecker received 90 days jail on each count of which he was found guilty, to be served consecutively. He must report to jail March. 5. He was also sentenced to four years probation. The original sentence is suspended, pending successful completion of probation.

“If the public needed another example of what is wrong with our law when it comes to vehicular homicide and DUI, here it is,” Brauchler said. “No person on their third DUI who runs over and kills a person and flees the scene should ever avoid prison. Colorado’s laws on vehicular homicide are weak, and this is proof of it.”
Images via 18th Judicial District DA's office