Sentence for DUI death is 15 years

Before being sentenced by Pima County Superior Court Judge Frank Dawley, Gregory D. Artz told the family of Aaron Anaya Jr. he wishes he could trade places with Anaya.

Although he prays for their forgiveness, Artz told the family, "I understand if you hate me. I understand and I'll have to live with that."

Anaya, 21, was riding a 2004 Harley-Davidson on the Ajo Highway west of Tucson on April 14, 2005, when Artz turned in front of him, police reports say.

The motorcycle clipped the truck, throwing Anaya off the bike near South Sheridan Avenue just west of South Kinney Road. Anaya, who was not wearing a helmet, hit a sign.

Tests showed Artz had a blood-alcohol level of more than 0.30 at the time of the crash. He was convicted in January of manslaughter, two misdemeanor DUI charges and criminal damage.

Prosecutor Jonathan Mosher asked that Artz be given the maximum 21 years for manslaughter, pointing out that he'd had DUI convictions in the past.

Mosher said Anaya's death was foreseeable, given Artz's prior convictions.

"Aaron Anaya paid for this man's freedom with his life, and it's time for society to stop paying for it," Mosher said.

Standing in front of a packed courtroom, Anaya's mother, JoAnna Aguilar, made a tearful plea for the maximum sentence.

"Life is so precious," Aguilar said. "It's given to us, and for someone not to take that into consideration is so hard to believe."

Defense attorney Douglas Francis Jr. asked for a 10-year sentence, noting Artz's remorse and his vow to stay away from alcohol.

Artz can't trade his life for Anaya's, Francis said. "All he's left with is reliving that moment over and over and over again."

Dawley also sentenced Artz to 180 days for each of the DUI charges and 21 months for the criminal damage count, to be served concurrently with the manslaughter sentence. He gave Artz credit for 339 days already served in jail and ordered him to pay more than $9,300 in restitution.

LAW & ORDER