Fresno judge gives man probation instead of prison for DUI crash that killed passenger
A 20-year-old Fresno man who was charged with three major felonies involving a fatal drunk-driving crash in 2019 was sentenced to three years probation on Thursday.
Defendant Robert Ellis was charged with gross vehicular manslaughter while intoxicated, driving under the combined influence of alcohol and drugs and hit and run resulting in permanent injury or death.
Witnesses and police said Ellis was driving his pickup at high speed south on Blackstone Avenue on Jan. 18, 2019 when it left the roadway and careened through the parking lot of an auto parts store and a car wash before it crossed East Terrace Avenue. The truck rolled several times, slammed into a tree and came to rest on its side at the edge of the Smart & Final parking lot.
A passenger in the car, Avery Sharp, 58, suffered major injuries and was taken to Community Regional Medical Center where he later died.
Ellis walked away from the crash but was soon found and arrested by Fresno police.
Judge Jon Kapetan said he wasn’t going to send Ellis to prison because of several mitigating circumstances, including a lack of criminal history, he pleaded no contest and he is a young man. Ellis was 18 at the time of the fatal crash.
Kapetan also said Ellis’ lawyer Jack Revvill was persuasive in alleging his client may have been assaulted by the victim in the truck prior to the crash.
“This is a little bit different than the normal vehicular manslaughter charge,” Kapetan said. “And that is why I am comfortable with this indicated sentence.”
Kapetan suspended the nine-year prison sentence in favor of three years probation. But he warned Ellis he could be sent to prison if he violates the terms of his probation.
“After you are released you must report to probation within two days,” Kapetan said in a stern voice. “If you do not report and we catch you, you are going to prison for nine years, do you understand that?”
“Yes, your honor, thank you,” Ellis said.
Prosecutor Steven Ueltzen declined to comment on the judge’s sentence.
