District Attorney Issues Statement on Schmidt's Sentence

 

Allen Schmidt was sentenced to 10 years probation and a $10K fine on Wednesday for his role in the death of Marine Sergeant Donald Di Pietro on March 9, 2013 on Christoval Road near the Party Ranch.

The District Attorney's Office issued the following statement with regards to the sentence:

So much was lost when this defendant made the choice to aid a person he knew was intoxicated operate a vehicle. Our office recommended a penitentiary sentence for Mr. Schmidt based on the circumstances surrounding his conduct. Although the jury disagreed with that recommendation, we respect their decision to give the defendant the maximum sentence and fine they could give without sending him to the penitentiary, and the judge's imposition of the maximum term of probation allowable by law.

Hopefully the tragic facts and reckless conduct involved in this case will remind our community to be vigilant as they travel our roadways. Our deepest sympathy goes out to the Di Pietro family for the loss of their son and to the Marine Corps for the loss of their fellow marine.

 

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I am the mother of Donald J. DiPietro and I am not surprised that this jury found Alan Schmidt guilty of Manslaughter with a Deadly Weapon but only gave him probation because they were a bunch of low life, back woods, middle of no where, rednecks, probably drunks like Schmidt, and they were looking out for their own. But it gives me great satisfaction to know that they too will have to face God for their part in my son's death, for letting Schmidt walk. At least there are two good people in this shameful town - Sergio Torres and his wife who tried to prevent Alan Schmidt from killing my son, but instead, had to witness the horror of my son slamming to his death, into Schmidt's truck. I know you are scarred for life like me and you have and always will be in my prayers. Thank you from the bottom of my heart and soul for trying to save my son and God Bless you! I hope the memory of my poor dead son stays with Alan Schmidt every second of his life, just like my grief is with me every second of my life. Not him or anyone from his family has an ounce of remorse but I know you will all burn in hell!! Satan walks our planet and he is in the form of Alan Schmidt. We have all been warned on what he is capable of - killing my son and then going back into the bar and drinking again, lying to the police about his involvement. God sees you Alan Schmidt and you may have avoided prison right now, but you will serve your time when you go to HELL!!
Sylvia I know you are upset, I can imagine the death of a son or daughter is excruciatingly painful, but even so, you have to let this anger leave you. It is self destructive and will just prolong your emotional healing. Lash out temporarily if you must, but don't let it control you. As Joe Blow stated, may your son rest in peace.
First let me say I am truly sorry for the loss of life in this situation. Now there is no way you being the mother would use the wrong info. Schmidt was one of the individuals trying to assist in getting the intoxicated driver's truck started-Schmidt's truck was not the one he hit sorry! Did you even read this article? "So much was lost when this defendant made the choice to aid a person he knew was intoxicated operate a vehicle" This whole accident is a tragedy for all parties involved, everyone who was there will have to live with their actions save one who is no longer here. I am not defending the intoxicated person who owns the truck that was hit, in fact I know him well and thought he should have gotten help long before this happened as he has had a lifetime of troubles mentally and personally. I am sorry for the loss to the family but condemning is for God and God alone.
jdgt, Fri, 08/22/2014 - 09:41
Let God be our guide... He forgives, so who are we to be so angry and full of hate? So much so that we accuse someone of being Satan? I understand grieving... Perhaps if your son, a marine, had died on the battlefield he'd be more of a hero? His life would not have been wasted in the middle of a highway at the expense of a broken down truck? I hate that tragedies happen - but I'm a firm believer that EVERYTHING happens for a reason. It's not up to us to judge those reasons or decide them, or choose them. Let your hatred go.
I understand your pain. My niece was truly murdered (beaten to death by her boyfriend). I understand you want the harshest penalty possible. But wow, your comments about the jury are way out of line. The DA had a choice in the jury selection as well. Like many others have said, save ALL of your judgment for God's choice and do your best to move forward and live your life in peace. I don't know your son, but I am guessing he would not want you to be bitter and spiteful all of your life. You have done what you could to defend him. Peace is the honorable and MUCH more difficult way. Sadly, the pain will last forever. How you handle it is your choice. Name calling, hoping people go to hell, these things are destructive and keep the cycle of violence going. I think I read somewhere that you said you will need to become a new person because of this. If I'm wrong, I apologize. I'm truly sorry for your loss and hope that one day at a time, you can move towards new life.
Distraught mother of the deceased, you said, "Not him or anyone from his family has an ounce of remorse but I know you will all burn in hell!!" Each person expresses remorse or grief differently. You cannot know if Schmidt or his family has an ounce of grief. Consider these words from MacBeth: "The grief that does not speak whispers the o'erfraught heart and bids it break."
V.L., Fri, 08/22/2014 - 21:17
Sylvia, I AM a family member, and I can tell you, the comment "Not him or anyone from his family has an ounce of remorse but I know you will all burn in hell!!" is really way out of line.My brother IS NOT SATAN!!! I wish I had the words to express how remorseful and upset we have been over this senseless, terrible tragic accident. My heart was breaking for you when you ran out of the court room that first day. My first reaction was to want to comfort you. But I know you would not have accepted it at all. I understand. Maybe one day you will be able to accept our condolences. I have children. Some grown, 1 still at home. I cannot even begin to imagine if something like this happened to one of them. You and your family are in my thoughts and prayers daily. I pray for your forgiveness, for healing for YOU, and peace for your whole family. I wish there was a way to let you see how we truly feel. All I can do is leave you a message here and hope you see it. May Donald Rest In Peace and may The Lord be there to comfort you in these dark days. I know there isn't anything I can say to make the pain go away, but I did want you to know, Lee is very remorseful and the rest of his family as well. We cannot change the events of that day, no matter how much we would love to.

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