TODAY'S TMJ4

Driver Sentenced In Law Changing Case

WEST BEND – Tim McKee's family did not get the maximum prison sentence they asked for Thursday in a Washington County courtroom.

A jury found 35-year-old Jason Jacobs guilty in May of vehicular homicide.

Jacobs got behind the wheel a morning after drinking and using cocaine in November 2008. He ran a stop sign and crashed in a rural intersection, killing McKee.

McKee married just one month before the crash that claimed his life at age 25. His widow asked for a harsh penalty.

"I was supposed to spend the rest of my life with him," Jennifer Dunkelberger told the court.

Jacobs looked at McKee's parents as they spoke.

"You ruined the rest of my life," said Shirley McKee, Tim's mother.

"Please your honor, give Mr. Jason Jacobs the maximum sentence," pleaded Tim's father, Ken McKee.

This sentencing came after a drawn out court battle, a debate over evidence that Jacobs was impaired. Jacobs passed a field sobriety test and did not appear intoxicated to veteran deputies who administered the roadside exam.

However, Jacobs failed a voluntary blood alcohol draw hours later. His attorney unsuccessfully asked for the draw to be thrown out in trial, claiming the test was coerced.

Jacobs appeared to wipe tears from his eyes before speaking at his sentencing.

"I think about that picture of you and him at his wedding," Jacobs said, looking at McKee's parents. "I can't get that picture out of my head."

Judge Andrew Gonring sentenced McKee to a six year prison term, less than half the maximum.

"I think it's fair," Ken McKee told reporters. "It's never going to bring our son back."

Yet, to spare others the same legal agony, Tim's parent's lobbied to pass 'Tim's Law.' The law allows Wisconsin law enforcement to take a blood test without consent.

"We'd never have been put through all this and we could keep people like Mr. Jacobs off the road," Ken McKee said.

This likely is not over. Jason Jacobs lawyer, Gary Schmaus, told TODAY'S TMJ4 reporter Tom Murray there will be an appeal.