Jahn relatives, Sobol request maximum term

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After 2 1/2 hours of testimony and victim impact statements, Circuit Judge Robert Marsaglia needed additional time to consider the fate of Ann Marie Getz, 43.

The judge took the matter of her sentence for aggravated DUI under advisement Tuesday and will announce his decision at 2:30 p.m. Wednesday in circuit court.

Getz pleaded guilty to aggravated DUI on May 19. She was charged with causing the deaths of Amanda Jahn and her two children, Ryan and Kaitlyn, in an accident about 8 p.m. Nov. 6, 2008.

Getz was driving westbound on Gardner Road, when she failed to stop at the intersection and collided at a minimum of 68 miles per hour with the southbound Chevrolet driven by Mrs. Jahn.

State’s Attorney Sheldon Sobol, who argued for the maximum sentence of 28 years, said he was not surprised the judge took the matter under advisement.

“It was the prudent thing to do,” he said. “He has to make sure he covers every sentencing guideline so there are no grounds for appeal.”

Under current Illinois law, Getz would have to serve 85 percent of any prison sentence she receives. If she receives the maximum, Getz would serve at least 23 years and eight months in prison and receive credit for all time served since she was arrested following the accident.

In calling for the maximum sentence, Sobol said there is nothing Getz can do that will make up for her selfish actions on Nov. 6.

On Nov. 6, Sobol said, Getz “didn’t want to take any lives. She is guilty of drinking and getting behind the wheel, knowing the risks associated with driving while intoxicated.”

Her prior criminal record, he said, demonstrates she can never be trusted.

He said she was charged with DUI in 2001 and received supervision. She was charged with DUI in 2002 and received 60 days in jail and her license was revoked. From 2003 to 2007, Sobol said, she stopped drinking, and completed a 10-hour DUI education class and 20 hours of substance abuse treatment. Yet, on Nov. 6, she made the decision to drive after drinking.

In 1988, he said, she received probation on a felony theft charge, but failed to complete her probation and it was revoked.

He also said the maximum sentence was necessary to deter others from driving while intoxicated.

“This is not a case, this is the case,” he said.

Sobol said the maximum sentence does not mean Getz has never done anything good, but what occurred here far outweighs any other acts.

Public Defender J. D. Flood asked the judge to pass the appropriate sentence for the individual. It is a narrow line between a proper sentence and revenge, he said.

While in jail she wrote letters expressing remorse, Flood said. She has never made excuses, she pleaded guilty and will accept the sentence of the court.

In making a statement to the court, Getz asked “for a bit of mercy, not a second chance, for the punishment will last a lifetime.”

Getz, who cried quietly through most of the hearing, said no words can express how sorry she is, but, “I hope my words will speak louder than my actions.”

“I never wanted to be one of those people to go to jail to find God, but he uses tragedy to help bring people closer to him,” she added.

Getz said she wants to be an example to prevent people from drinking and driving, but nothing will make up for the three lives she took.

Victim impact statements were made by Josh Jahn, the husband and father of the victims, and Tom and Kandy Borneman, the parents of Amanda Jahn.

Josh Jahn said he still lives in the same house in Dwight where the family resided before the crash.

Walking from the detached garage to the house, Jahn said he still looks up at a window in hopes of seeing Kaitlyn trying to look out.

“There is still a fingerprint on the kitchen window,” he said.

Jahn said he has not changed the rooms of the children and still goes in to say goodnight.

“I keep the door closed to protect what I have left of them,” he said.

He testified he has no energy and is sometimes so overcome with sadness he has to go home from work.

Jahn said he met Amanda at eighth-grade graduation and they were eventually married Dec. 3, 2000. Ryan was born Dec. 29, 2004, and Kaitlyn on Nov. 15, 2007.

“She was truly my best friend. I was overjoyed to be a father. I became thankful for every little thing,” he said.

Jahn said all he has now are pictures and videos taken, seemingly, at random.

Amanda’s mother, Kandy Borneman, said Mandy was born July 15, 1981, followed by three sisters.
She was a best friend.

“We talked every day and saw each other almost every day. She had a bubbly personalty,” Borneman said.

Borneman said there will never be any more vacations together and she will never buy the children anything again. Amanda’s violin sits on the piano.

Tom Borneman said he and Kandy were married in 1980; Amanda was born in 1981. In 1982, they went to Walt DisneyWorld and they have been going back every since. At 4, Amanda started playing the violin and piano. She was known for her violin and went to Europe twice, at 9 and 15, with orchestras.

All three asked the judge to sentence Getz to the maximum.

Lawrence Dingess; his son, Cheyenne; and Terry Sjostrom testified on behalf of Getz.

Dingess said she is his fiance, they met on the Internet and he moved here with his son about six years ago. He testified they met with attorney Doug Olivero and set up a guardianship for his son, so Getz could be fully involved with him and take custody if something happened to Dingess.

Assistant State’s Attorney Ron Ellis argued they never went to court, so the guardianship was never approved by a judge and has no legal standing.

Dingess said Getz has helped his son do better is school and provides discipline. His son just graduated from St. Anthony’s and will be attending Streator High School

He said Getz has always looked to help others. A union carpenter, she spent a summer building houses for Habitat for Humanity. She built bird houses, which were sold to raise money for someone fighting cancer.

One winter night, she picked up a hitchhiker, brought him to their home, gave him dinner and let him spend the night.

Cheyenne testified Getz has helped him in school and taught him how to control his anger. When he got mad at home, he said, she would have him walk up and down the stairs.

Sjostrom testified that when Getz worked at Sherwood Oaks Restaurant, there was a waitress there with four children. He said Getz bought all the children nice presents and took them to the house.

Sjostrom said he has known Getz for 20 years and she was always doing something like that.