Fatal crash sentences rarely feel strong enough for grieving families

Jeannie Morrow veered over a double-yellow line in the scenic and winding Big Thompson Canyon in August and crashed into a Fort Collins couple enjoying the same scenery from the seat of their motorcycle.

The crash killed Josh and Sherri Zander — both active churchgoers and community members.

Morrow was convicted of two misdemeanor counts of careless driving resulting in death and sentenced March 6 to a year in jail, half of which she’ll serve on work release, as well as 240 hours of community service.

Morrow's sentence prompted strong community outcry in the comment section of the Coloradoan's story and was one of several cases in which sentencing drew criticism. Some said the punishment for those who cause fatal crashes is not stiff enough.

"When we’re talking about a life, somebody’s life has been lost, and the maximum you can get is a year in jail, that at first blush seems ‘not right,' ” District Attorney Cliff Riedel said. “But, this particular charge is somebody who didn’t intentionally cause someone’s death.”

The Zanders were among 52 people who died on roads in Larimer County last year — up 33 percent from 39 deaths in 2015.

"For me to be OK, I sometimes pretend they're on vacation,'' said Katie Byers, the couple's daughter.

The sentencing

In a 96-minute sentencing at the Loveland Municipal Courthouse, family members, friends and coworkers of the Zanders took turns addressing the court in tear-filled testimony. They shared stories and insight into who they were, and they expressed frustration and forgiveness toward Morrow.

“Your honor,” said Colby Zander, the couple's youngest son, “there is no question as to why I stand before this court. It’s been 28 weeks, 197 days, 4,700 hours and 283,000 minutes since Ms. Morrow killed our parents.”

Josh Zander’s brother, David Zander, brought a photo of the couple to the stand, where it rested throughout the sentencing within sight of Eighth Judicial County Court Judge Mary Joan Beranato.

Morrow, pregnant with her 15th child at the time of the sentencing, took her turn to speak as well. The 37-year-old from Northglenn told the court she relives the moment of the crash “over and over and over,” before launching into a rambling speech about her childhood in foster care, rebellious teenage years, stint as a thief to support herself, struggles with addiction and abuse, and previous misdemeanor and felony convictions.

Near the end of her speech, she apologized. But she also invoked God and said the crash was part of a greater plan.

“I am a strong believer that it’s not my will being done,” she said. “It’s not my plan. It’s not my choice on what happens in life. I am right where I need to be because God puts me there.”

Besides her jail sentence, Morrow was also ordered to complete 30 months of probation and undergo mental health and substance abuse evaluations and treatment.

Although many said Morrow's sentencing was too lenient, a year in jail is the maximum sentence for the charges to which Morrow pleaded guilty, Riedel said.

He also acknowledged the frustration the family expressed at what they perceived as a mishandling of the crash investigation. Marijuana paraphernalia was discovered at the scene the day after the crash, which Morrow reportedly later acknowledged was hers, Riedel said.

However, because she did not appear intoxicated at the time of the crash, Colorado State Patrol was not legally permitted to require a roadside or blood test. The courts have clearly established a crash is not sufficient evidence of impairment to compel a test, he said.

“We can’t know for sure if she was impaired, but that’s part of the frustration, that we’ll never know if she was impaired,” said Rob Cowles, who was riding with the Zanders at the time of the crash.

Charges and sentences in these types of crashes vary based on a variety factors, including intent, sobriety, whether or not the driver flees the scene and criminal history.

In 2014, Theresa O’Connor was sentenced to one year in jail — which she could serve on work release — and four years of probation for the crash she caused Jan. 25, 2014. She reportedly suffered a “dizzy spell” while driving on the Interstate 25 frontage road near Colorado Highway 392 and crashed into a cyclist, Ernesto Wiedenbrug, who later died of his injuries. She fled the scene.

On June 6, 2015, 18-year-old Earl Ong reported falling asleep at the wheel on Lemay Avenue. When he realized he was about to crash into a pickup hauling a boat in front of him, he jerked the wheel to the right and fatally wounded a cyclist, Cesar Palermo. The teenager was not sentenced to jail but rather to serve in a program pioneered by Bike Fort Collins and the Larimer County District Attorney’s Office called “Chain Reaction.” Through the program, Ong was sentenced to serve 100 hours of community service at a bike nonprofit and to make a $1,500 donation to a bike nonprofit.

On the other end of the spectrum are cases like John Hite’s. He was released from jail Dec. 26, 2013, and drove drunk later the same day. He was speeding near Horsetooth Reservoir when he lost control of his car, swerved off the side of the road and rolled into a fence. The crash killed his son, who was a passenger. Hite was convicted of vehicular homicide involving DUI and sentenced to 10 years in the Colorado Department of Corrections and five years of mandatory parole.

Morrow, whose public defenders did not respond to request for comment, said during her sentencing she wished blood tests were compulsory after serious crashes. She said the test would have “saved” her.

The crash

On a sunny Sunday in late August, Josh and Sherri Zander and their longtime friends Rob and Joy Cowles agreed it was the perfect day for a jaunt to Estes Park on their motorcycles. The two couples shared lunch before agreeing to wind back through the Big Thompson Canyon together.

As they left Estes Park, with Rob and Joy Cowles leading on their motorcycle, a car pulled between the two motorcycles.

Near the Colorado Cherry Company, they encountered Morrow, who was traveling westbound.

“I can see the whole thing as if it were yesterday,” Rob Cowles said.

He jerked his motorcycle to the right to avoid her car as it drifted into their lane. The car behind them also narrowly missed a collision. Helpless, Rob Cowles watched in his rear-view mirror as Morrow smashed into his friends. At the point of impact, Morrow's car was fully in the wrong lane.

She never turned her wheel and never braked. Motorcycle parts rained through the air.

“There was never a screech. No one ever hit brakes,'' Rob Cowles said.

The crash catapulted the Zanders from their motorcycle. A passing nurse and her husband, who had been in the military, rushed to provide CPR to the couple.

In an ill-fated turn of events, all of the area’s Internet-based phones were dead. A recent crash had knocked power out in the area, and no one had cell service in the canyon. Only one canyon resident had a landline to summon emergency responders.

“All we could think about was getting back to the kids,” Joy Cowles said. “We didn’t want them to find out from somebody else what had happened. We knew we needed to be the ones to tell them.”

Rob used the neighbor’s phone to call Colby Zander first. Colby dropped the phone when he heard the news. Once he regained composure, he began calling his three other siblings to tell them their parents were dead.

“(It’s) not having the two people you need the most,” Katie Byers said. “I’ve struggled with that a lot.”

The aftermath

Josh and Sherri Zander met at Blevins Junior High School and attended Rocky Mountain High School in Fort Collins then began dating shortly after graduation.

They raised five children, one of whom died at age 16 after a battle with a deadly form of neurofibromatosis. His May 18, 2000, funeral at Timberline Church in Fort Collins drew more than 2,000 people. Their strong faith helped them through the loss of their son, Tyler, and they served as a guidepost for others.

“The whole family was just incredible in journeying through that,” Rob Cowles said. “Josh and Sherri modeled how to navigate grief like no one I’ve ever seen, with grace.”

Longtime friend Suzanne Miller said the couple helped her and her husband, Jim, when their daughter, Liz, died suddenly in 2008.

The couple would talk often about their pride and love for their family, including their six grandchildren.

"I'd probably say my best memories are of my parents with their grandkids, and watching that relationship grow," their son, Charles Zander said. "It was playful, caring; they melted in their arms."

Sherri Zander was known for her love of holidays and planning gatherings. She was known, too, for her homemade popcorn, which she cooked in a stovetop Whirley Pop. Any game night or gathering accompanied by her popcorn. When she worked as office manager at Timberline Church, she’d occasionally fire up the Whirley Pop, and people would come running when the scent wafted through the halls.

Josh Zander was passionate about motorcycling, and he was a safe and conscientious driver who loved to travel around the state on his bike. Rob Cowles said the two of them took a five-day state tour in June, a trip he didn’t realize would be their last. They spent a night in Gunnison, where they watched the space drama, "The Martian.''

“I just remember Josh and I sitting there, pretending we’re bad bikers, and both of us are tearing up at this movie,” he said with a laugh.

Perhaps most notably, Sherri and Josh Zander did everything together, whether it was grocery shopping or traveling or wandering from their loft to Old Town for dinner or a concert.

And they died the way they lived: together.

“As painful as this is for all of us, they were doing what they loved the most, and they were doing it together,” Rob Cowles said. “They could not have gone if one had made it and one had not. It had to be both of them because they were so connected.”

Moving forward, the couple's eldest son Jeremy Zander said he and his wife, Jen, hope to forge a relationship with Morrow, if she’s interested ­— whether it’s writing letters or staying in touch another way.

He said he hopes to support her as she works to get her life on track and encourage her during her post-jail counseling.

“There are a lot of people that are angry and upset, and I completely understand that,” Jeremy Zander said. “But I think that from where we’re at, it’s being able to love somebody even when their decisions caused something of this magnitude.”

Possible charges for a fatal crash

Careless driving resulting in death: It is a Class 1 traffic misdemeanor, punishable by up to 1 year in jail and $1,000 in fines. It involves a crash in which the person drives in a careless manner that causes the death of another person. Careless driving involves careless or imprudent actions that don’t take account for the width, grade, curves, corners, traffic, or use of streets and highways.

Vehicular homicide: It is a Class 4 felony, punishable by 2-6 years in prison and up to $500,000 in fines. It involves a crash in which the person drives in a reckless manner that causes the death of another person. Reckless driving involves wanton or willful disregard for safety.

Vehicular homicide involving DUI: It is a Class 3 felony, punishable by 4-12 years in prison and up to $750,000 in fines. It involves a crash in which the person drives in a reckless manner and is also under the influence of alcohol or drugs.