Over the objections of grieving loved ones, an Otsego man will not go to prison for being drunk when an ATV crash claimed the life of the 12-year-old boy who was riding with him.
Austin M. Copsey, 37, was sentenced Tuesday in Wright County District Court after pleading guilty to criminal vehicular homicide in connection with the rollover wreck on July 16 that killed Jesse Hooper, also of Otsego. Copsey entered what is known as an Alford plea, meaning he maintained his innocence but acknowledged there was ample evidence to convict him.
Judge Kari Willis followed the terms of the plea agreement and set aside the four-year sentence called for under state guidelines and ordered Copsey to serve six months on work release and another six months on electronic home monitoring in 20-day segments yearly starting on the anniversary of Jesse's death.
Copsey will also be on probation for 10 years, when he must complete 100 hours of community work service annually.
Jesse's family has long opposed the terms of the sentence as agreed upon by the County Attorney's Office and Copsey's lawyer.
"I am objecting to the whole plea deal," Anthony Hooper, Jesse's father, said during a court hearing last month.
County Attorney Brian Lutes told the Star Tribune shortly after sentencing that he agreed to the downward departure "due to a genuine dispute about ability to prove beyond a reasonable doubt the defendant was the driver of the ATV at the time of the crash."
Jesse had been spotted several times that day operating the two-seat ATV in the neighborhood, according to Lutes' downward departure motion filed last week. Also, Lutes' filing continued, law enforcement found "no witnesses to establish who was driving at the time of the crash" and noted that Copsey's concussion from the wreck may have impaired his memory.