According to a statistic cited by nation-wide advocacy group Mothers Against Drunk Driving (MADD), by the time a person is arrested for their first DUI, they have already driven under the influence 80 times! Marissa’s killer was taught by our broken system that personal responsibility and accountability are not necessary. He was convicted 4 times for DUI within the past 10 years and his record also included other similar arrests. In each case, his sentence was suspended or he received probation. He did not serve a single day behind bars for any of his crimes. At the time of the collision, he was living in Louisiana where he was convicted for his 4th DUI. He was sentenced to serve 3 years, which was AGAIN suspended with his agreement to participate in a drug and alcohol program (“Drug Court”). He was still in the Drug Court program at the time he came to Oklahoma and committed murder.
The system failed BOTH the Guilty and the Innocent in our case. Malcolm Penney went from never being required to spend a day behind bars to being sentenced to the maximum allowed by Oklahoma law. IF Louisiana would have incarcerated him for those three years he was sentenced, our daughter Marissa would be alive today, and he would now be a free man.
Research conducted by the National Highway Traffic Safety Administration has shown that with each DUI arrest, the likelihood of causing a fatality DUI collision increases dramatically. This is why we are passionate about reducing the number of repeat offenders on Oklahoma roadways. If we want to reduce DUI fatalities, we must address the leniency with which DUI is treated prior to an innocent driver’s death. The innocent should never have to pay for the crimes of the guilty.