A 39-year-old man will spend six months behind bars for driving under the influence and injuring a woman during a December crash in Spokane Valley.
David Gilchunmogon pleaded guilty to vehicular assault Wednesday in Spokane County Superior Court. Judge Julie McKay then handed down the six-month sentence, which was recommended by the prosecution and defense. McKay credited Gilchunmogon for 113 days served, meaning he will remain incarcerated for a little more than two months.
The crash happened around 4:45 p.m. Dec. 1 when a white Honda Civic, driven by Gilchunmogon, was traveling west on the 9600 block of East Mission Avenue and crossed the center line, colliding head-on with a black Chevrolet Impala, according to witnesses in court documents.
A deputy and certified drug recognition expert said Gilchunmogon’s eyes were watery and extremely bloodshot, and his eyelids appeared droopy, documents said.
Gilchunmogon admitted to drinking two beers that morning between 8:30 and 9 a.m., according to documents. He told the deputy he smoked methamphetamine around 8 a.m. that day and snorted meth around 2 p.m. He said he had used meth for about 20 years.
Gilchunmogon’s preliminary breath test was 0.000.
After field sobriety tests and observations, the expert believed Gilchunmogon was likely under the influence of a drug, documents said.
Another deputy on scene said Gilchunmogon initially identified himself with a fake name and a birthdate of “02/29/2020,” according to documents. She said she looked inside the Civic he was driving and saw an empty beer bottle on the front passenger seat and several other empty beer bottles on the passenger floorboard.
Beverly Stolworthy, the other driver in the crash, wore a walking boot and used a walker Wednesday in court. She was taken to the hospital after the crash.
“You not only took away her livelihood and her health, you took away her sense of security,” McKay told Gilchunmogon.
Stolworthy said Wednesday she required three foot surgeries and she has three physical therapy appointments each week because of the crash. She asked McKay to impose the maximum sentence allowed.
“This defendant has no respect for the law and other drivers on the roadway,” Stolworthy said.
Gilchunmogon, who wore a yellow Spokane County Jail jumpsuit, thanked the judge Wednesday when provided the opportunity to address the court.
Kyle Madsen, Gilchunmogon’s attorney, said his client feels “absolutely horrible” about the crash and that Gilchunmogon wants to make amends for his actions.
McKay also sentenced Gilchunmogon to one year of community custody and substance abuse treatment, adding that treatment is needed more than jail.
The six-month incarceration sentence was the midpoint of the standard sentence range of three to nine months. The maximum penalty in Washington for vehicular assault, a class B felony, is 10 years in prison and a $20,000 fine.
Gilchunmogon’s driver’s license will be suspended for a period determined by the Washington State Department of Licensing. Restitution remains to be determined.
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