AUBURN聽鈥 An Owasco man convicted for a July will spend the next 7 to 24 years in prison.
Dain Schneider, of 6977 Owasco Road, was sentenced Tuesday in Cayuga County criminal court before Judge Thomas Leone. The 33-year-old had pleaded guilty in August to three felonies聽鈥 , aggravated DWI and aggravated unlicensed operation of a motor vehicle 鈥 and reckless driving, a misdemeanor, in the death of 18-year-old Chloe Calhoun.
At his sentencing, Schneider's voice cracked as he apologized before a courtroom filled with Calhoun's family and friends.聽
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"I would like to apologize to everyone involved," he said, staring into his lap. "My actions that night have spread a dark light over this community. ... And my decision to drive that night took your loved one's life. I will never forgive myself for it."
An investigation showed that Schneider 鈥 who had two previous DWI convictions and was driving with a suspended license at the time of the crash聽鈥斅爃ad a blood alcohol content of .23 percent and was driving 99 mph when he hit Calhoun's car on the night of July 27. Calhoun had pulled out of the parking lot at the Tom Thumb Drive-In in Owasco at 9:41 p.m. when her vehicle was struck from behind. She died later that night at Upstate University Hospital in Syracuse.
Calhoun's aunt Beth O'Hara spoke at Schneider's sentencing, reading aloud from a letter written by Calhoun's mother, Rhori Calhoun.聽
"All I kept thinking is she's in good hands ... she's a fighter," O'Hara read. "But the doctors came out and said there was nothing more they could do. ... We held her until she took her last breath."聽
According to Cayuga County Assistant District Attorney Diane Adsit, this was Schneider's fifth drunk driving arrest since he was 17. In addition, the defendant has a history of domestic violence as well as burglary and petit larceny offenses. However, Adsit said, Schneider was consistently placed on probation 鈥 primarily in Onondaga County聽鈥斅燼nd never served any time in jail.聽
"He was bar hopping all over the county that day," Adsit said. "Someone was going to die, and it just happened to be Chloe."
Calhoun was a 2016 Auburn High School graduate and a . The honor roll student had planned to attend Utica College in the fall where she would continue to play softball and study journalism.
In addition, Calhoun was active in several community organizations, including , a group under the Zonta International umbrella which aims to achieve gender equality and end violence against women and girls. Calhoun was聽awarded a scholarship by the local NAACP chapter聽in May聽and received its Dr. Jerome H. "Brud" Holland Youth Leader Award for her work with the club.聽
"We can't get justice in this case because there's no sentence that can give back what we lost," O'Hara said after Schneider's sentencing.聽
Schneider faced a maximum of 8 to 25 years in prison. However, Leone adhered to the agreed-upon sentence of 7 to 24 years in prison for aggravated vehicular homicide, 1 1/3 to 4 years in prison for aggravated DWI and 1 1/3 to 4 years in prison for first-degree aggravated unlicensed operation of a motor vehicle. All sentences will run concurrently to one another. In addition, Schneider was ordered to pay more than $3,000 in fines.
Schneider will likely serve at least 16 years of his sentence before the parole board would consider his release, Cayuga County District Attorney Jon Budelmann said. At that time, Schneider's license would be revoked for at least one year and he would have to use an ignition interlock device for the next five years, of which he would be on post-incarceration probation.聽
"Chloe was a bright star in our community," Adsit said in court. "And this has left a hole that no amount of prison time can fill."聽
"The saddest part of this tragedy is that driving while under the influence tragedies are 100 percent preventable," Budelmann wrote in a press release Tuesday. "Think of Chloe and don鈥檛 get behind the wheel after drinking."