Sherwood man gets 22 years in DUII death of Bend girl, 2

(Update: Judge’s comments as he sentences Fincher to 267 months in prison)

A Sherwood man convicted last month of manslaughter and DUII charges in a 2016 crash west of Tumalo that killed a 2-year-old Bend girl was sentenced Monday to more than 22 years in prison.

Authorities said David Fincher, 47, was driving drunk Sept. 11, 2016 when he crossed the center line of Highway 20 and crashed into two cars, killing 2-year-old Marley Peterson and injuring her brother, mother and three others.

The defense had asked Deschutes County Circuit Judge Michael Adler to consider allowing Fincher to serve time for each count concurrently, while the prosecutions said each sentence should be served consecutively. In the end, Adler sided with the state and didn’t go easy on Fincher.

Along with a 267-month prison term, the judge imposed three years post-prison supervision and a lifetime revocation of Fincher’s driver’s license.

Monday’s hearing began with emotional statements from the little girl’s family, including parents Sarah and Jason Peterson of Bend. Marley’s mother told Fincher she hates him and will never forgive him, and repeated what he remembered her shouting at him that day: “You killed my baby!”

Later in the morning, Fincher, wearing jail clothes, expressed sorrow and remorse for the deadly crash, apologizing and taking responsibility for the tragedy.

“I will carry this burden with me all the rest of my days,” Fincher said. “I am solely responsible for this.”

He said he accepted whatever punishment was handed down and that he is “truly and eternally sorry” for what happened.

But Deputy District Attorney Kandy Gies argued for no leniency, telling the judge, “Nothing that happens here today changes what happened on September 11 (2016), but we can protect the community and give the family a sense of justice.”

At his trial last month, Fincher took the stand and spoke about his struggle with alcohol addiction and how he wound up in a treatment program, eventually relapsing.

Fincher said Monday he understood the emotion and anger directed at him and that despite a life in which he tried giving of himself, on that fateful morning, he made the worst decision of his life.

Under Measure 11, a manslaughter conviction alone can bring a sentence of up to 20 years in prison. Defense attorney Todd Grover said Monday that Fincher is deeply remorseful and asked for a sentence for reckless conduct.

He said the case doesn’t reflect Fincher’s true character, that he cares for first responders and has a large 9/11 tattoo.

Fincher’s mother, Darlene Fincher, begged Adler for mercy, telling him, “I do not believe my son set out to do what he did that morning. … I know he is not a monster.”

Fincher’s sister, Dina, said she was “seriously shattered for the Peterson family” and that the Fincher family doesn’t condone his actions. “I know he will never take another drink,” she said, at which point the young girl’s father shouted: “I know he will!”

Fincher’s sister continued her remarks, starting to cry as she said her brother is willing and eager to seek treatment and loves his family.

“I know he would trade places with Marley,” if he could, she added.

Fincher’s father, Darryl Fincher, said the case was about negligence and accused prosecutors of portraying his son as an unfeeling monster, then asked what a harsh sentence would accomplish.

“At our age, a long prison sentence might mean never seeing our son again,” he said adding that his son’s initial statement that “I did nothing wrong” was given while drunk and unaware of what had happened.

“The monster in this case is not my son. The monster is alcohol,” he said, quoting Bible verses and saying alcohol is a poison and that he hoped the Peterson family can move beyond the tragedy.

Darryl Fincher’s comment prompted Sarah Peterson to shake her head no — and when he saw that and pointed it out, she got up and left the courtroom. The judge paused the proceedings so that Gies could bring her back in.

During the sentencing, Adler pointed out Fincher’s background as a first responder and said Fincher should have known better.

“You’re not just an average guy at the bar having a beer. You’re a former firefighter, paramedic — a person that participated in alcohol-awareness training,” Adler said.

Adler said Fincher’s decision to drink in the hours leading up to the crash showed “extreme indifference to human life,” and that he was was sentencing Fincher based on the person he was when the crash happened, not the remorseful man he might be now.

“I do want to send a message to the community,” the judge said. “I’m not imposing this sentence just to send a message to the community. I’m imposing this sentence because you earned it, and it’s the responsible thing to do, but I hope the message does get out to the community. Drinking and driving is probably one of the most dangerous crimes, in the sense that DUIIs are the cases where innocent people get killed.”