Tuesday, May 09, 2000
Oktoberfest driver to appeal 13-year sentence
By Jane Prendergast
The Cincinnati Enquirer
The driver who mowed down a crowd at Oktoberfest will appeal his sentence after a judge Monday reduced it by only six months.
Michael Cowperthwaite hoped to see his 131/2-year sentence lessened to 10 years, which would have allowed him to try for shock probation. Hamilton County Common Pleas Judge Richard Niehaus denied the request because the victims were satisfied with the sentence.
The judge took the unusual move of letting the victims decide. If they had said they thought Mr. Cowperthwaite deserved less prison time, the judge said he would consider it. Prosecutors said the victims were pleased with the original prison term.
Mr. Cowperthwaite's attorney, Scott Croswell, said he will appeal.
Mr. Cowperthwaite, 26, of Union Township in Clermont County, pleaded guilty last month to charges including felonious assault and failure to comply with a police order.
Prosecutors say he drank 88 ounces of beer in about 20 minutes and then drove his car through a crowd gathered for the downtown festival on Sept. 19. About 30 people were hurt.
Mr. Cowperthwaite apologized repeatedly as he was escorted through the courtroom halls to his hearing.
The judge's decision disappointed Mr. Cowperthwaite's parents, Jim and Donna, who said after the brief hearing that their only child has been unfairly sentenced in court and vilified in the media.
“It was a mistake,” his mother said. “It was an accident.”
They said they do think their son needs to do some time behind bars, just not this much.
The judge did reduce the prison time by six months, to 13 years, because Mr. Cowperthwaite was sentenced on two different charges for one victim's injuries.
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