Woman gets 10 years for killing Harley rider while driving drunk

By Marie Rohde of the Journal Sentinel
Posted: May. 11, 2009
A drunken driver who struck and killed a motorcyclist in town for last summer's Harley-Davidson 105th Anniversary Celebration was sentenced Monday to spend the next decade of her life in prison.
Kathleen Boland, 62, blotted tears behind her glasses and at times muffled sobs into her cupped hands as Milwaukee Circuit Judge Daniel Konkol observed, "This was a tragedy waiting to happen."
Boland was just two blocks from home when she ran a red light on N. Humboldt Blvd. at 2:15 p.m. Aug. 29. She made a wide turn onto the sidewalk before steering back onto E. North Ave., where she struck Michael Fleming, 55, of Ann Arbor, Mich.
Fleming and four others were touring the city before nightfall because they thought it was safer, according to friends.
Konkol, in his sentencing remarks, noted that no one is safe from drunken driving.
"People can be walking down the street and become victims of this kind of crime," he said. "They can be sitting in their homes or in a restaurant."
Assistant District Attorney William Molitor said Boland worked as a licensed practical nurse until a nerve-related disorder forced her to leave her job and go on Social Security disability payments five years ago. While her only prior brush with the law was nearly 40 years ago when she was arrested for possession of marijuana, Boland was living dangerously, he said.
Divorced with no children, her social life revolved around a bar she visited five times a week. She said she'd have two or three beers, enough to be buzzed but not drunk, Molitor said. For Boland, going to the bar was as normal as brushing her teeth or making breakfast, he said.
Her blood-alcohol content an hour after the crash was 0.182, more than double the legal limit; authorities estimated that it may have been as high as 0.23 when Boland's Mercury Marquis hit Fleming on his Harley.
While Boland had been a productive member of the community, the result of her decision took a human life, the same as a bad decision made by a gangbanger or someone who had been to court many times, Molitor said.
"Let it be known that this kind of conduct has to be punished," he implored Konkol.
Boland's attorney, Jonathan Smith, noted she had significant health problems; she had to be brought to court in a wheelchair. Boland has accepted responsibility for her actions from the beginning and never tried to avoid punishment.
Boland pleaded guilty in January to homicide by intoxicated use of a motor vehicle, which carries a maximum sentence of 15 years. In addition to her prison term, Boland must serve five years of extended supervision after her release. Under the supervision terms imposed by Konkol, she must maintain absolute sobriety and not operate any motor vehicle.
"She has recognized from the outset that she made a terrible decision," Smith said. "She has never had a 'poor me' attitude."
Smith asked Konkol to give Boland no more than three years in prison; Molitor said she deserved some prison time but made no specific recommendation.
Boland softly made a brief statement saying she recognized that she deserved to be punished but added:
"I pray to God that he forgive me," she said. "I pray that Mr. Fleming's family forgive me. I know they will never forget."
More than 30 of Fleming's friends showed up for Monday's court hearing, many wearing motorcycle jackets. At a news conference after the hearing, Steve Johnson, a spokesman for the group, said he had held the hand of a woman who watched Fleming die.
"God is a better person than I am," Johnson said. "I hope he can forgive her. I cannot."

 

It brings a good point to mind. Everyone thinks that drunks are only on the road late at night or in the "wee" hours of the morning but they are ever present instead. They are out there, at all times of day. The term "liquid lunch" is well founded..

Sad to read another biker died.

 

RIP Michael Fleming! At least you passed while doing something you enjoyed! We're sorry to lose a brother.

Ride Safe and God Speed on your travel to the great Harley Graveyard! Mike

 

Condolances to Michael Fleming's family. What a senseless and tragic loss.
As for the sentencing of Ms Boland, why the Hell didn't the Judge give her the full 15 years behind bars?

 

RIP brother

 

Amen.

 

RIP Michael Fleming, god bless the family. Our prayers are with them during this time.

 

They always seem to be sorry after the fact. How about before the fact? This kind of s*it pisses me off. Irresponsible idiot takes the life of a regular guy out enjoying himself. She should die in prison.

 

Hey My1sthog, If she is in poor health she very well may die in prison. Prison is not going to help get the word out to all the other people who think it is cool to drive buzzed. The people who pay (tax payers) for her to sit around for 10 years are not getting their monies worth either. A work camp would be better or sell tickets to an event where she gets run over by a train and give the proceeds to the family of the victim.

 

Michael was a great guy and simply loved to ride. He was a member of the Ann Arbor HOG Chapter, sponsored by American HD in Ann Arbor. Very active and very helpful to others whenever he could be.

He has been missed, and always will be. Glad to see that this woman did not get a simple slap on the wrist as so many do..