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PUSICH v. STATE11/24/1995
Vicki Ann Pusich was sentenced to a total of 25 years' imprisonment with 7 years suspended (18 years to serve) for the crimes of manslaughter, AS 11.41.120(a), and first-degree assault, AS 11.41.200(a). She appeals this sentence, contending that it is excessive. We affirm.
The Facts Underlying Pusich's Offenses
In the summer of 1993, Pusich was experiencing marital difficulties. To cope with these difficulties, Pusich turned to alcohol.
Pusich drank heavily during the week preceding the Fourth of July. On Tuesday or Wednesday evening (June 29th or 30th), Pusich's close friend Delfina Walker found Pusich's vehicle parked in Walker's driveway. Pusich was passed out in the front seat, the keys in the ignition. On Wednesday or Thursday night (June 30th or July 1st), Pusich took Walker on a trip to Wasilla. During this trip, Pusich drove at speeds of up to 90 miles per hour and was passing other vehicles recklessly. Walker repeatedly told Pusich to slow down — that her driving was scaring Walker. Pusich assured Walker that she "was fine" and that she would stop driving so recklessly — but she continued to drive in this reckless manner. After they arrived in Wasilla, Walker tricked Pusich into giving her the keys to Pusich's car, so it was Walker who drove them home to Anchorage. However, during this return trip, Pusich constantly demanded that Walker leave the highway and drive to a bar so that Pusich could get a drink; Pusich also stretched out her leg from the passenger seat and pushed down on the gas pedal when she thought that Walker was not driving fast enough.
On Thursday night (July 1st), Pusich's husband warned her to stop drinking and driving. According to Walker, who overheard the conversation, Pusich's husband told Pusich that "she was never going to learn until she ended up killing somebody".
At the end of work on Friday afternoon (July 2nd), Pusich announced to a co-worker that she intended "to go to a liquor store and drink herself into a stupor". Pusich began to drink again on Sunday morning, July 4th. Pusich spent that afternoon and evening at Walker's house. Pusich had called Walker to ask if she could come over; Pusich explained that her husband had come home early from a camping trip, and she did not wish to be around him. Walker was going to a picnic that day, but she told Pusich that she was welcome to let herself into the house. (Pusich knew where the spare key was hidden.)
During the afternoon and evening, Walker called Pusich several times to check on her. From talking to Pusich, Walker could tell that she was drinking. Walker repeatedly made Pusich promise to stay at Walker's residence and not to drive anywhere. Pusich, however, broke her word and started driving from Anchorage to Wasilla.
During this drive, Pusich exhibited extreme recklessness, weaving in and out of traffic, tailgating other cars, and traveling at speeds of up to 90 miles per hour. She apparently was drinking beer as she drove: beer bottles, both empty and full, were found in Pusich's vehicle.
Just south of Wasilla, Pusich either tried to pass on a right-hand curve or else inexplicably failed to negotiate the curve. She drove straight ahead, neither braking nor veering, crossing two lanes of traffic to hit a car in which four people were traveling: Mark and Nancy Langley, their son Brian, and thirteen-year-old Jamie Farr. Mark Langley and Jamie Farr were killed at the scene. Brian Langley was taken by helicopter
to an Anchorage hospital, where he died of his injuries. Nancy Langley was critically injured but survived.
A grand jury indicted Pusich on three counts of second-degree murder,
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