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Drunken Driver Sentenced To Weekends In Prison For Fatal Crash

Family Outraged At Defendant's Sentence

POSTED: 9:24 am HST August 11, 2005
UPDATED: 9:41 am HST August 11, 2005

A judge Wednesday sentenced a drunken driver who killed an elderly man to weekends in jail.

Three years ago, after drinking beer with friends, Jason Lee Nicol, 23, hit a moped on the King Street off-ramp of the H-1 Freeway, killing Francis Basilio, 70.

"That's July Fourth. We planned to have barbecue with the whole family, but all we end up doing was the hospital telling us my dad died," the victim's daughter, Gina Agustine, said.

Nicol sobbed through most of his sentencing.

"I feel extremely ashamed of myself and I wish that I could take it all back, but I cannot. Please forgive me for what I've done. I'm so sorry," Nicol said.

Judge Richard Perkins was impressed with Nicol's remorse, his clean record and community service. Instead of the 10 years prosecutors wanted, Nicol was given 52 weekends in jail.

The Basilio family was outraged.

"Fifty-two weeks on the weekend, it's like Club Med. I'm going to get drunk right after this and go driving now that I can kill somebody and not worry about it. I have good character. I haven't done anything bad before. That's how I feel really," the victim's son, Frankie Basilio Jr., said.

Prosecutors said Nicol's sentence was not long enough to deter others.

The judge also ordered Nicol to serve 500 hours of community service and pay more than $20,000 restitution.

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