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Man gets maximum sentence
by Marshall White
Saturday, August 16, 2008

TROY, Kan. — A judge sentenced a Troy, Kan., man Friday to the maximum sentence for the 2007 highway deaths of three men.

Kansas District Court Judge John Weingart sentenced Robert D. Cluck, 41, to a total of almost 13 years for three felony counts of involuntary manslaughter. That included one 69-month sentence and two 43-month sentences.

Mr. Weingart ordered a court officer to obtain 3-by-5 inch photos of each victim — Brian Hruska, Joshua Berry and Cody Seward.

The photos will be placed in Mr. Cluck’s prison cell to remind him every day of what he did, Mr. Weingart said.

The fact that Mr. Cluck’s blood alcohol level at the time of the accident was .22 and that at the time of his arrest — about a week later — his blood alcohol level was .219 were considerations in reaching the sentencing decision, Mr. Weingart said.

Mr. Cluck also had a prior driving under the influence conviction, which allowed the court to enhance time served in prison. The maximum time Mr. Cluck could be in prison is double the 69 month sentence of the first charge, or 11 years and six months. Mr. Cluck was given credit for a year in jail and, with time off for good behavior, could be released in about nine years. Any time off for good behavior would be added to his 36 months of probation time.

Mr. Cluck’s attorney William O’Keefe asked for a six-year sentence.

Prior to the sentencing, Mr. Cluck, shackled in handcuffs and a chain, addressed the victims’ families saying he was sorry and asked for forgiveness. He had remained impassive throughout Friday’s hearing that included viewing a video that documented the victims’ lives. All three mothers of the victims delivered emotional impact statements to the courtroom, which held about 75 people.

The judge granted a motion to dismiss a charge of driving under the influence because it was the same act charged in the three involuntary manslaughter convictions. Mr. Weingart denied motions for a new trial and other defense objections.

In August 2007, Mr. Cluck, an Air National Guard veteran, was the driver of a Chevrolet Corvette attempting to pass a truck carrying Mr. Hruska, Mr. Berry and Mr. Seward on U.S. Highway 36 between Troy and Wathena, Kan. The Corvette sideswiped the truck and both vehicles crashed. Mr. Berry and Mr. Hruska died at the scene. Mr. Seward died at Heartland Regional Medical Center. All three victims were lifelong friends who lived in and near Macon, Mo. Earlier this year, a Doniphan County jury convicted Mr. Cluck of the three involuntary manslaughter charges.

Marshall White can be reached

at marshall@npgco.com.

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