Drunken Driver Gets 7-1/2 Years For Fatality Nathan Belyea Given Harsh Sentence For Causing 1998 Crash That Killed Girl

After wiping tears from her eyes, a Spokane County Superior Court judge sentenced a man convicted of vehicular homicide to nearly twice the average prison sentence.

On Friday, Judge Tari Eitzen sentenced Nathan Belyea, 21, to 7-1/2 years in prison for causing the death of Desiree Clayburn, 18, the night of Sept. 25, 1998. Belyea’s blood-alcohol level tested at 0.21 within an hour of the crash - more than double the legal limit of .10 at the time.

The case had been delayed for months after prosecutors said they didn’t have enough information from the Washington State Patrol, which investigated the crash scene.

Clayburn’s family and members of Mothers Against Drunk Driving were pleased with Eitzen’s decision - even though prosecutors sought a 15-year term.

“You always want as much as you can get,” said Brenda Weaver, victim advocate for MADD. “I think 7-1/2 is fair.”

Typically a conviction of vehicular homicide carries a sentence ranging from 41 to 54 months. However, Eitzen agreed with Deputy Prosecutor Larry Steinmetz that circumstances surrounding the case justified an extended sentence.

Belyea was convicted of DUI assault after a 1996 vehicle rollover on Highway 291 in Stevens County. A 15-year-old passenger in his car suffered severe injuries in the crash, and Belyea was sentenced to 30 days in jail and his driver’s license was suspended for a year.

In the 1998 accident, also on Highway 291, Belyea’s pickup truck sideswiped Clayburn’s car on a curve near Seven Mile Road. Clayburn’s car crossed the opposite two lanes and crashed into a tree at nearly 50 mph.

Steinmetz said Belyea’s high blood-alcohol content, failed rehabilitative effort after the 1996 DUI accident and attempt to conceal the 1998 crime warranted the exceptional sentence.

Belyea changed clothes at the scene before investigators arrived. Steinmetz said it was an attempt to mask the smell of alcohol. Belyea’s attorney, Jeff Compton, said it was a cold night and his client was simply putting on warmer clothes.

Eitzen said the collision that took Clayburn’s life was “hideously similar” to the one in 1996.

“You were aware you had an alcohol problem,” Eitzen said to Belyea. “You continued to drink to excess. It’s appropriate and proper to impose exceptional sentence.”

Compton said he will consult with Belyea before deciding whether to appeal.

Eitzen’s tears underscored the emotion that flowed through her fourth-floor courtroom Friday afternoon. A mother herself, Eitzen said she couldn’t imagine the pain the parents of Clayburn and Belyea have endured.

Before the sentencing, friends and family of Clayburn’s argued for the stiffest possible sentence.

One of those arguing for a tough sentence was Washington State Patrol Detective Jeff Genther, who investigated both crashes involving Belyea.

“This is the first time I’ve ever done this,” Genther said of going before a court. “I feel Nate has had his chance. This could have been avoided if Nathan Belyea had not drank that night.”

The packed courtroom of about 50 people was literally split down the middle with supporters of each family on opposite sides.

Belyea’s friends and family argued against the stiff sentence.

Robert Moriarty, a friend of the Belyea family for 20 years, said it would have been better to have Belyea serve a normal sentence.

“Wouldn’t it be better having Nate working in a proactive manner with a group like Mothers Against Drunk Driving? All I ask for is a reasonable sentence for Nate,” Moriarty said.

Belyea, who never testified, spoke for the first time to the Clayburn family in court.

Reading from a prepared statement, Belyea apologized for his actions. He said he will one day “attempt to reach children” to warn them about the dangers of drinking and driving.

“I can’t expect forgiveness from any of you,” Belyea said.

Gayanne Clayburn, Desiree’s mother, said she was generally pleased with Eitzen’s sentence, though she wanted to see Belyea get the full 15 years.

Clayburn said she has cried every day since Desiree was killed.

“This is the deepest loss you could ever imagine,” Clayburn said. “There’s no way you can imagine going through it.”