The father of a Concord teen who was killed by a drunken boater four years ago tearfully asked lawmakers Friday to require anyone who kills another person by driving or operating a boat while impaired be required to serve time behind bars.
Seventeen-year-old Sheyenne Marshall was being pulled on a kneeboard on Lake Norman on July 4, 2015, when she was hit by a boat. Kevin Cerven, who had been drinking, served 30 months on probation for hitting her.
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Her death prompted the state to enact Sheyenne's Law in 2016, making DWI cases that result in death a felony.
But Rep. Larry Pittman, R-Cabarrus, said Friday that even upgrading the crime from a misdemeanor doesn't guarantee an offender will serve any time.
"If you've killed somebody, I don't think just probation is sufficient," Pittman told members of the House Judiciary committee.
Pittman tried two years ago to remove a judge's sentencing discretion for anyone convicted under Sheyenne's Law and require that even first-time offenders serve at least 14 months in prison. The bill died in the Senate because of concerns over unfairly punishing someone who had an unexpected reaction to a prescribed medication while behind the wheel, so he's trying again.
"This is just plain justice," he said. "I think it's a small thing to ask for a minimum sentence for someone who takes a life in such an irresponsible way."
Sheyenne's father, Kenneth Marshall, said he hopes a law requiring mandatory prison time for felony DWI never has to be used, but it needs to be on the books.
"We hope nobody ever has to deal with what we've had to deal with, but I just hope that people at least think about [driving or boating after drinking] before they go out," Marshall said.
"It don't get easier," he said of losing his daughter. "We don't get to see her get married. We don't get to see her succeed in life because of a very bad choice that someone made."