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Repeat drunk driver sentenced for killing Blaine man in fiery crash

By Allen Costantini
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Updated: 3 months ago

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MINNEAPOLIS, Minn. -- Four times the legal limit for alcohol has resulted in 2 deaths and 5 years in jail for a Minneapolis woman. Melissa Heus, 32, was driving at more than 80 miles per hour in the early evening of December 13, 2008 when her car collided with that of James Wolter, 37, of Blaine.

Wolter was trapped in the crushed Chrysler LeBaron as it burst in flames. Monday, in Hennepin County Court, Wolter's widow, Patricia, showed her husband's personal effects from the accident. They are testimony to the horror of James Wolter's last moments. "Here's the money that was in the money clip. It's badly burned. The sunglasses he was wearing at the time of the accident. They had to be pried from his face. This is what I have left of my husband. He was unrecognizable after the fire."

Judge Marilyn Rosenbaum called Heus's actions "outrageous and reckless". She sentenced Heus to double the normal penalty for criminal vehicular homicide, 96 months.  Heus told the court she will work to prevent drunk driving and keep James Wolter's memory alive. She will spend more than 5 years of the sentence behind bars. Heus was led from the courtroom in handcuffs.

Outside the courtroom, the Wolters family said they were satisfied to a point. Wolter's mother, Dianne stood beside her husband, William. "It's left a hole in my heart that will never heal. I miss him so much and no matter what punishment she got, it would never bring him back."

The Wolters wear special amulet necklaces. Dianne says they carry their son with them always. "My brother made these and Jim's ashes are in here."

William Wolter notes that California law elevates drunk driving fatalities to 2nd Degree Murder requiring much harsher punishment. For now, he is satisfied with Judge Rosenbaum's sentence for Heus. "I just hope that from this sentencing, you know, all the news and everything else people stop and realize before they go out driving and drinking."

Adding to the Wolter's pain is the knowledge that James' death was the third DWI incident involving Melissa Heus. Her previous convictions were in 2004 in Minnesota and in 2006 in Wisconsin.

The other victim in the 2008 accident was Beverly Kauth, 54, of Richfield. Kauth required brain surgery after the crash. After six months of medical problems, Kauth died in June. The 18 month sentence for her death will be served concurrently with that for Wolter.

Patricia Wolter can only shake her head and brush away tears at the thoughts of the last 11 months. She clutches the plastic packets that hold her husband's charred effects. "I still wear the ring."

(Copyright 2009 by KARE. All Rights Reserved.)


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