Man sentenced in fatal accident Nesbitt gets 10 days in jail; 10 years probation

By FRITZ BUSCH

Journal Staff Writer

GAYLORD -- An Edina man who pleaded guilty to criminal vehicular operation resulting in death on Oct. 12 in McLeod County District Court was sentenced Monday in Sibley County District Court.

Kurtis Nesbitt, 27, a reporter for The Journal of New Ulm, was involved in an accident on Dec. 16, 2003 on snow and ice-packed roads on State Highway 19 between Gaylord and Winthrop. Douglas Webster, 68, of Winthrop, died in the accident.

Nesbitt was driving approximately 60 mph when he came upon vehicles traveling about 20 mph on the slippery roads the day of the accident, according to the prosecutor. He slid into the Webster vehicle, pushing it into the path of a semi truck, according to the complaint.

Judge James Mason sentenced Nesbitt to 10 days in jail beginning Dec. 31, 2004, 31 days of electronic home monitoring with Huber and Sentence to Serve and paying $20/day costs; 10 years of probation and 48 hours of STS or Community Work Service, each year through 2013.

Sentence conditions included making restitution, open until Dec. 13, 2005, which is currently $19,177.08; paying for victim offender mediation; writing yearly letters to Sally Webster about how his life has changed; a $50 fine; $70 surcharge; no driving violations; DNA testing; notifying probation and court administration of any address and phone changes; and obeying all laws and conditions.

A felony second degree manslaughter charge against Nesbitt was dismissed in October when he accepted a plea bargain.

Mason told Nesbitt he should drive 50 mph in a 55 mph zone to ensure he doesn't get any speeding tickets. He added that any speeding ticket or vehicular charge beyond a parking ticket would result in a hearing and Nesbitt would be sentenced to 30 days to 48 months in the custody of the Minnesota Department of Corrections.

Mason added that Nesbitt's sentence does not prevent a civil suit from being presented.

Sibley County Attorney David Schauer said he was a "little bit disappointed" that the sentence did not include 120 days of electronic home monitoring but that the rest of the sentence what was agreed upon in October.

Gaylord attorney Bill Cowell, who represented Nesbitt, sounded a bit relieved.

"We caught a break," Cowell said. "The judge saved him about $1,080 in home monitoring costs, but no amount of money will heal anything. It's a tragedy for everyone."

Earlier in the sentencing, the widowed Sally Webster said Nesbitt's sentence should include 120 days in jail, losing driving privileges for 10 years, 10 years probation without early discharge, community service to physically disabled children or adults and letters to the court.

"Kurt's life will be changed for 10 years but Douglas' and mine have changed forever," Webster said.

Cowell said if Nesbitt were sentenced to four years in prison, according to sentencing guidelines, his journalism career would be over.

"We can't bring back Douglas Webster," Cowell said, adding that he appreciated the compassion and forgiveness of the victim's families.

Nesbitt said it was his prayer that the healing will continue for everyone involved in the accident.

"No piece of evidence can exonerate me," Nesbitt said. "I take full responsibility for my actions. This is about Douglas Webster and the pain inflicted on his family, whether or not it was intentional."

(Fritz Busch can be e-mailed at fbusch@nujournal.com).