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KANSAS CITY, Mo -
The man convicted of killing a pedestrian while driving drunk was not in court on Friday, when a judge ruled that he would be allowed to leave prison after serving four months of a 5 year sentence.
Curtis Mertensmeyer was 20-years-old when he hit and killed 25-year-old Daniel Riemann in May 2008. Mertensmeyer admitted he had been drinking and speeding. He received a five-year sentence in February, with possible release after 120 days of "shock time."
Judge John Torrence granted Mertensmeyer's release, calling his behavior while in prison "exceptional."
In his ruling, Judge Torrence wrote that although Mertensmeyer left the scene of the accident and tried to evade identification and arrest, it was also "clear to this court that the defendant played a secondary role to that of his mother in attempting to avoid responsibility for the death of Daniel Riemann."
"It is neither just nor fair to punish the defendant for the acts of his mother," said Torrence in his ruling.
He does not further explain the role of Mertensmeyer's mother in his ruling. Judge Torrence does, however, make note of the victim's "extreme intoxication" at the time of the collision.
"It is clear that the extreme intoxication of the victim was a significant contributing factor to his being struck by the defendant's vehicle," wrote Torrence in his ruling. "While this does not minimize the defendant's criminal responsibility, it is a factor that must be considered by this Court in determining a fair and just sentence in this case."
Kelly Riemann, the victim's mother, was outraged by the decision to release Mertensmeyer.
"According to John Torrence, if you can't jump out of the way of a speeding car you're partly to blame for your death," said Riemann outside of the courtroom.
"Everything he is doing in there is against the justice system," she Riemann. "And, he knows that the whole community of Kansas City knows it too. He knows that there's not one person in Kansas City who doesn't know the reason Curtis Mertensmeyer got 120 days is because his mom and dad are rich and they're part of the system."
Riemann went on to say, "This was decided the minute they found out who the perpetrator of the crime that killed my son was."
In his ruling, Judge Torrence says that neither the Board of Probation and Parole or his court "have considered the defendant's address, zip code, or family income in arriving at the decision to release the defendant at this time."
Mertensmeyer's parents would not talk to the media following the decision, but Mertensmeyer's defense attorney J.R. Hobbs said that Judge Torrence handled the case properly.
"I think it's another example of how the system works even in difficult cases," said Hobbs.
But Kelly Riemann said that she saw the case much differently.
"He (Torrence) attacked the dead man," said Riemann. "What kind of man is that? Is that the kind of judge we want? What do you think he'll do if it's your family?"
Mertensmeyer is scheduled to be released on June 30. In the terms of his probation, he was ordered to avoid alcohol or places where alcohol is the major item offered for sale, undergo a substance abuse evaluation, avoid contact with the victim's family, pay restitution and court costs within six months and not operate a motor vehicle unless it is equipped with an interlock ignition device.
Curtis Mertensmeyer was 20-years-old when he hit and killed 25-year-old Daniel Riemann in May 2008. Mertensmeyer admitted he had been drinking and speeding. He received a five-year sentence in February, with possible release after 120 days of "shock time."
Judge John Torrence granted Mertensmeyer's release, calling his behavior while in prison "exceptional."
In his ruling, Judge Torrence wrote that although Mertensmeyer left the scene of the accident and tried to evade identification and arrest, it was also "clear to this court that the defendant played a secondary role to that of his mother in attempting to avoid responsibility for the death of Daniel Riemann."
"It is neither just nor fair to punish the defendant for the acts of his mother," said Torrence in his ruling.
He does not further explain the role of Mertensmeyer's mother in his ruling. Judge Torrence does, however, make note of the victim's "extreme intoxication" at the time of the collision.
"It is clear that the extreme intoxication of the victim was a significant contributing factor to his being struck by the defendant's vehicle," wrote Torrence in his ruling. "While this does not minimize the defendant's criminal responsibility, it is a factor that must be considered by this Court in determining a fair and just sentence in this case."
Kelly Riemann, the victim's mother, was outraged by the decision to release Mertensmeyer.
"According to John Torrence, if you can't jump out of the way of a speeding car you're partly to blame for your death," said Riemann outside of the courtroom.
"Everything he is doing in there is against the justice system," she Riemann. "And, he knows that the whole community of Kansas City knows it too. He knows that there's not one person in Kansas City who doesn't know the reason Curtis Mertensmeyer got 120 days is because his mom and dad are rich and they're part of the system."
Riemann went on to say, "This was decided the minute they found out who the perpetrator of the crime that killed my son was."
In his ruling, Judge Torrence says that neither the Board of Probation and Parole or his court "have considered the defendant's address, zip code, or family income in arriving at the decision to release the defendant at this time."
Mertensmeyer's parents would not talk to the media following the decision, but Mertensmeyer's defense attorney J.R. Hobbs said that Judge Torrence handled the case properly.
"I think it's another example of how the system works even in difficult cases," said Hobbs.
But Kelly Riemann said that she saw the case much differently.
"He (Torrence) attacked the dead man," said Riemann. "What kind of man is that? Is that the kind of judge we want? What do you think he'll do if it's your family?"
Mertensmeyer is scheduled to be released on June 30. In the terms of his probation, he was ordered to avoid alcohol or places where alcohol is the major item offered for sale, undergo a substance abuse evaluation, avoid contact with the victim's family, pay restitution and court costs within six months and not operate a motor vehicle unless it is equipped with an interlock ignition device.
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