Minn. woman sentenced in texting-while-driving motorcycle fatality

By: Barry Leibowitz
Topics: Daily Blotter

CBS

(CBS/AP) WASECA, Minn. - A Minnesota woman who pleaded guilty to killing a motorcyclist because she was texting while driving has been sentenced to 10 years' probation, and ordered to pay restitution and do community service.

The Mankato Free Press reports 23-year-old Erica Nelson of New Richland crashed into 58-year-old motorcyclist Ronald Berschman of Buffalo Center, Iowa in August 2010.

Nelson must pay $200,000 in restitution and perform 480 hours of community service, in addition to the probation. She pleaded guilty earlier this year to felony vehicular homicide.

Nelson earlier told investigators that she might have fainted before the crash.

Another motorist told authorities he saw Nelson's car in the wrong lane of Minnesota Highway 30 before the head-on collision.

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by tickle222 April 27, 2012 9:44 PM EDT: Don't you just love watching the people that are texting weaving and bobbing along the road? How about the people on cell phones who cut you off. How is this different from taking a swig of Jack Daniels every couple of minutes while driving?

Why no jail time for this idiot?; Reply to this comment


by HyeAghcheg April 27, 2012 5:46 PM EDT: I'm sorry, but I disagree with the outcome of this case. "It was an accident" is simply unacceptable as an excuse. Anyone that chooses to text, while driving, is making a proactive choice to take their eyes and focus off the road. That being the case, she should have been charged with murder. The menial fine she was given, along with community service, is a total insult to the deceased. My thoughts and prayers go out to victim's family and friends.; Reply to this comment


by mollydtt April 27, 2012 9:34 AM EDT: It's sad that texting while driving is considered an "accident". It should be considered murder.; Reply to this comment


by afriskyr April 27, 2012 8:14 AM EDT: I think some jail time would have been appropriate in this case. Her actions seem like manslaughter to me, no matter how involuntary it may have been. How important was her text after she plowed into the motorcyclist? In this day of texting, tweeting, messaging--we need to send out a message that if you do it while driving, there will be serious consequences. Unfortunately, I don't think this court sent a profound-enough message by only giving this lady probation and ordering her to pay financially.; Reply to this comment


by lonestar9000 April 27, 2012 12:38 AM EDT: Was she also forbidden to own or use a cell phone? If not, then you can bet she will be right back to texting behind the wheel. It is an addiction.; Reply to this comment


by micmac666 April 26, 2012 10:31 PM EDT: This "Distorted Sense of Entitlement" is everywhere and growing more prevalent. It is evident in many activities other than driving, also. With regard to cellphone use, the attitude is "If I get caught using a hand-held, I can afford to pay the ticket". A-holes. Pass it on.; Reply to this comment

by boforillo April 26, 2012 9:49 PM EDT

Does this person have 10 years to pay her restitution? If so that will be $20,000 per year. Will she have to go to jail if she can't make the payments? I hope she has a good steady job. Otherwise, I have never heard of people who were awarded such restitution to get much out of the perpetrator.

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by thewatcherone April 27, 2012 4:08 AM EDT: No. If it was a fine she would have to pay before her probation ended. But since it's restitution most likely she will have her entire life to pay it off. In most cases defendants sign a agreement that takes their state tax refund(renters tax refund they have to get permission from you to take) until the debt is paid off, they will most likely garnish wages as well. I'm 40 now but when I was 19 I destroyed a giant conservative political billboard in the Twin Cites. I was sent to jail for 30 days, given a fine of 1,000 which I paid off in 6 months, 100 hours of community service which I did immediately and 1,200 in restitution which I refused to pay. The one year probation I was on ended and all they could do was garnish my state taxes, they never tired to garnish my wages. Sometimes they just drop the restitution once probation is up or so many years have passed. I'm sure she will remember this mistake every time she looks at her pay stub. It's much too dangerous out there to enjoy the hobby of motorcycling anymore.

by SUZAMBA April 26, 2012 8:14 PM EDT

Amazing isn't it? Probation for killing someone, only in America!!!
How pathetic.

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by thewatcherone April 27, 2012 4:13 AM EDT: legalbutnotjust is wrong. Restitution ordered by the state cannot be paid by a insurance company, nor would an insurance company ever pay it. There are cases where drunk driver barely get any time in these fatal cases. She was given probation due to her age, the circumstances and the iffy laws and rules that may or may not make texting while driving an actual crime, or crime enhancer.

There is no money exchanging hands, no conspiracy.


by MaxyRaddy April 26, 2012 8:11 PM EDT: Criminally Stupid doesn't seem to have much consequence under the law.; Reply to this comment

by krj9 April 26, 2012 6:34 PM EDT

He's dead and she gets probation. Stunning

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by 19don36 April 26, 2012 8:26 PM EDT: The world is standing on it's head. The judge who came up with this sentence should be horsewhipped. It is just enabling more such behavior.


by thewatcherone April 27, 2012 4:17 AM EDT: Again, legalbutnotjust is wrong. The judge had the discretion to sentence this girl to a prison term. Her age, the circumstances and the questionable and debatable laws on texting while driver even being a crime, or a crime enhancement is the reason she got probation. I think legalbutnotjust just has some personal issues he is working out, his comments here are anything but fact.