A Lexington man was sentenced Thursday to 10 years in prison for a manslaughter charge that stemmed from a fatal car crash last year.
Kimiko Lavelle Ogle, 30, caused the head-on crash that killed Brian Yanko, 49, of Versailles on Sept. 11, 2009.
Ogle declined to say anything when Judge Ernesto Scorsone offered him a chance to speak on his own behalf at Thursday's sentencing in Fayette Circuit Court.
According to police reports, Ogle's blood-alcohol level was three times the legal driving limit of .08 when he crossed the center line on Lane Allen Road near Harrodsburg Road and collided with Yanko's vehicle. Yanko died five days later.
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A blood sample subpoenaed from the University of Kentucky hospital concluded that Ogle also had oxycodone and marijuana in his system, the warrant said.
Ogle was indicted by a grand jury for second-degree manslaughter in February. A jury recommended a 10-year sentence after his trial in October.
Ogle's attorney, Edward Dove of Lexington, had asked Scorsone to give his client probation.
Commonwealth's Attorney Ray Larson challenged that request, saying that twice before the fatal wreck, Ogle had been charged with driving under the influence.
"The question is, what are the consequences for violating the law not once, not twice, but three times and killing someone?" he said. "Clearly, probation is a completely inappropriate consequence."
Scorsone said he recognized the impact that a 10-year sentence would have on Ogle's family, including his 2-year-old child, but that he could not look past the evidence that Ogle was "incredibly intoxicated."
"Probation is absolutely not appropriate," he said.
Dove said Ogle would file an appeal, but Dove stepped down after the sentencing. Scorsone appointed the public defender's office to represent Ogle during his appeal.