Father gets 5 to 10 years

By Amaris Elliott-Engel / The Citizen

Wednesday, April 25, 2007 10:31 AM EDT

AUBURN - A grieving mother said she must forgive her ex-husband for a drunk driving accident that killed her 4-year-old daughter last summer.
“As mad as we are about the situation we have to forgive,” Stacey Lamphere said in Cayuga County Court Tuesday. “Jerry will spend a lifetime facing himself for what has happened and knowing that our precious baby is gone. We pray and trust that God will put his hand on the sentencing for Jerry, for he's already been sentenced for a lifetime already.”

Jerry Lamphere was sentenced to an agreed-upon five to 10 years in state prison, as well as a $1,000 fine and $500 in other fees, for the felony of second-degree manslaughter and the misdemeanors of endangering the welfare of a child and driving while intoxicated.

Brooke Lamphere was not in a child seat when she died in a one-car crash on Potter Road in Throop 2:56 a.m. July 21. Brooke was partially ejected through the rear window of Jerry's Dodge and suffered fatal trauma to her body.

“Massive injuries led directly and quickly to her death,” Chief Assistant District Attorney Jon Budelmann said.

The accident followed a domestic incident between Jerry and Stacey, who were not living together, which police said Stacey fled to contact authorities. Stacey had an order of protection against Jerry.

Jerry openly cried, as loved ones who attended in support of him and loved ones who attended in support of Stacey also cried.

“If I could go back and do this over again, it would never happen,” Jerry said. “She was my daughter and I was a good father. I tried to do everything I could for her. I wish it was me and not her. I'm sorry Stacey.”

Both Cayuga County Judge Mark Fandrich and Jerry's attorney, Doug Bates, said they felt he was already serving the worst punishment possible because his actions caused his child's death.

“I can't think of any worse punishment than knowing as a parent you killed your daughter,” Fandrich said.

Two one-year Cayuga County Jail sentences for the two misdemeanors will run at the same time as Lamphere's state prison sentence. Lamphere's license also was suspended for six months. He will appear in Auburn City Court next month to face a violation of probation charge.

Taylor Holzhauer, Stacey's older daughter from another relationship, was in the back seat of Lamphere's Dodge with Brooke and was not seriously injured when the car entered a ditch on the west side of Potter Road, flipped over and came to rest on its wheels.

An alkasensor test showed Lamphere had a .07 blood alcohol count while a blood test showed he had .10 blood alcohol count.

Authorities said he rounded a curve too fast, had been drinking throughout the day and was avoiding police responding to the domestic incident. Authorities also have said Lamphere threatened in a phone call to Stacey to drive off a hill with the children.

Lamphere said when Stacey left her Seymour Street residence, he put the two girls in his car to go get some pizza, he said. When he came back, he saw Auburn police in front of his ex-wife's residence, so Lamphere said he decided to take a back way home to avoid them. But he said he was not pursued by police and that the allegation he threatened to drive off a high point was related to an earlier, separate incident.

The APD responded to three domestic incidents involving the Lampheres in 2006, three in 2005 and others in 2004.

Lamphere was convicted in 1995 of the felony of second-degree assault. Lamphere also was convicted in 2004 of domestic violence-related menacing and harassment charges.

Stacey, dressed all in black, said she mourns not being able to see Brooke start school or witness what kind of person she would become. She said her elder daughter lost her best friend.

But she said she believed that there was a greater reason for the loss of her “little blonde with blue eyes.”

“As humans we don't understand why,” Stacey said. “Or why a four-year-old should have to leave the earth so sudden when she had a full life ahead of her. That's where your faith comes into play. You have to believe the Lord has a plan and a reason behind such a tragedy.

“As a mother you want to hold your child in your arms to hold and love. But until that day comes again, Jesus is holding Brooke until each family member joins her to fix the chain that has been broken.”

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net

The Citizens' Say

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There are 11 comment(s)

To: Dare_To_Say wrote on Apr 26, 2007 10:46 AM:

" I am certainly NOT making excuses for my ex. or for myself. I did that for the years prior to him being my ex. - and I did it because I couldn't admit that I HAD made such a mistake - to have a child with an alcoholic. I accept my poor decision....I will never like it - but I accept it...I don't see what the choice is there. However, that being said...I thought that I had taken the "bull by the horns" - I didn't "think" that we would have to move out of our home...but it has been made quite clear to me over these past months that we, here in CC, certainly do have a legal system...but we have NO judicial system. The police do their job and arrest people...but then you get in the court room - and depending on who was picked for your jury or who the judge knows and what the connections are - it doesn't matter what the facts are....it's completely up to the common sense and personal feelings of the people picked to serve...and that is often NOT the group of people that should be given the power to make that choice. My eyes have been opened to the fact that at least in this county - it's not about the facts or what's right and what's wrong -it's about who you know and what political favors are due. "

bill wrote on Apr 26, 2007 8:43 AM:

" the auburn courts are yet another mockery of true justice. "

louloubelle wrote on Apr 26, 2007 7:46 AM:

" Speaking as an alcohlic, who has been sober for almost 20 years, I am responsible for everything I do. I do not blame the system, my parents, the environment, etc., for my behaviors. Mr. Lamphere was reckless. Saying that he didn't "know this would happen" is an excuse. Everyone is aware of what happens when you get behind the wheel of a vehicle while under the influence. It's called personal responsibility. I know about this because my mom and sister were killed by a drunk driver almost 20 years ago. The person who drove the car that killed them surely didn't get in his car and say, "I think I will kill someone today". But it happened because he made a choice to drive drunk. "

CHOICE wrote on Apr 25, 2007 10:42 PM:

" We all make consious choices. Jerry made a choice that fateful night and killed his daughter. He will have to live with it the rest of his life...I do not agree with the sentence however. He will need a much longer time than ten years to ever experience the pain of a parent who lost a child and did not make a consious choice to put their child in danger. "

DISGUST wrote on Apr 25, 2007 10:29 PM:

" I am a spouse of an officer who worked the accident on the evening which Jerry Lamphere killed his own child. I saw my spouse mourn a child's loss of life. I listened to him as he could barely speak of the accident. It sickens me still. Inmate Lamphere made a choice to get into a car with his two children. He made the choice to drive even though he'd been drinking and HE made the choice to put Brooke and her sister's life in jeopardy. Shame on Jerry and shame on the system who sentences him to five to ten years. Men and women who commit lesser crimes serve longer sentences. Isn't Jerry the one who tried to get his dirty hands on the money from Brooke's wrongful death? And now he cries...PLEASE PEOPLE...This man took his own child's life. Do not give him more credit than he deserves. May he live in a 8x6 cell for the next ten years as a man incarcerated for killing his own child. Good Luck Jerry. "

glad to have moved wrote on Apr 25, 2007 6:15 PM:

" this has nothing to do with a cat. The people who killed the cat knew what they were doing. I dont believe for a minute Jerry knew that would happen. "

Concerned wrote on Apr 25, 2007 4:46 PM:

" In response to "Dave Wrote"-Dave, I have to question your mental status even questioning this. Don't you see that if a person does this to an animal, this could be an inclination to a deeper problem? If you can't see that, I would guess you have a problem as well. Killing an animal does mean something as does killing a human. Both penalties were understated. "

Come on Dave! wrote on Apr 25, 2007 4:42 PM:

" The guys in Elbridge intentionally tortured and killed the cat, which warranted a maximum jail sentence, 2 years. Lamphere, as much as we all seem to hate him for what he did, did not intend to kill his daughter. There is a big difference. That is why he is not getting more time. And he did not just get 5 years. He could be in prison for 10 years. Even if he gets out in 5, he will be on parole and if he steps out of line while on parole during those last 5 years, he will go back to prison. You cannot compare the two cases. One was intentional and one was reckless. The child is just as dead, but the law recognizes differences between intentional killing and reckless acts that lead to a death. "

Dave wrote on Apr 25, 2007 3:18 PM:

" So, you kill your child you get 5 years; you kill a cat you get two years. Thus the gradient value of life between killing a human versus an animal is 3 years. Our laws are not whacked are they? Aloi described Gauger's and Kyle Custer's killing of a pet cat by tying it up and setting it on fire at an Elbridge trailer park Dec. 20 as "one of the most depraved acts that I can imagine committed." "Cats can be victims, too," Aloi added. Aloi gave Gauger, 20, with a last known address of 8338 W. Loop Road, Port Byron, the maximum penalty of two years in state prison for the class E felony of aggravated cruelty to an animal. "

Dare_to_Say wrote on Apr 25, 2007 1:59 PM:

" Oh come on Scared to Death. After reading your commentary, you are making just as many excuses for you Ex. You have to own the fact that you made poor decisions when choosing who to have babies with, now you are stuck with your poor decisions. I do believe that the judicial system in Auburn, New York is lacking in good, solid decision making. After all, many of the judges sitting on the benches has domestic issues of their own. You probably never heard of those though, they are hush, hush. If I were you, I would run like the wind where your child will be protected. It is just situations like yours that in years down the road someone will be asking why. It is time for you to take the bull by the horns and say NO MORE! You mention "physical" harm to the child, may I tell you that sometimes, often times emotional damage leaves deeper scars. It is really sad the Auburn or the Cayuga County area does not have a staunch Women's Rights group. Trust me they don't. Everyone will say how much they understand your concerns, but that is all you will get. That is until something tragic happens then you will get all the sympathy. Child Protective services in Cayuga County is equally guilty. They prey on the easy victims, but any case they may require them to do more than eat donuts is shuffled to the rear. Auburn and the fools that run it are a joke, a plastice joke. "

Scared to Death wrote on Apr 25, 2007 1:39 PM:

" My heart breaks for this family and also makes me so very angry. I live with a very similar situation...my ex is an irresponsible, but functioning alcoholic. He cannot make a responsible choice, before he gets to that "point of no return". Not while on his own and certainly not when he has his own child with him. We have gone through the courts here in Cayuga County in re: to custody, as well as, 2 DWI's (one was actually when our child was WITH him.... both were significantly higher than those of Jerry Lamphere) - the Judge also had a report in his hand, from his counselor, that said my ex IS an alcoholic - and yet the Judge still told ME that I would have to give HIM a 2nd chance! We had had "supervised " visitation after the DWI's (which, by the way, were just those where he actually got caught), but after a year & the counselor still saying in his report, that he IS an alcoholic...I was STILL told that I have to give HIM another chance. WHY?! No one doubts the love alcoholic parents have for their children....it's their ability (or lack there of) to make a responsible choice BEFORE reaching the point of being drunk AND still being the one responsible for their children. It goes beyond keeping me up at night.... especially after something like this. I am not saying that I have all the answers - I don't.... and I don't want to keep my child from seeing his/her father or having a relationship with him - he/she loves him and he loves our child. But that just isn't enough in situations like these. The "tough" love that we have to show our children at times ... MUST somehow be carried over to these alcoholic parents, too... because in a drunken state - they are like children - unable to make a clear, responsible choice. Our system is so "soft" on things like this. The courts say that it's because "it's best for the child" to have BOTH parents in their life...which I don't disagree with... IF BOTH parents are responsible parents. If not - and a parent has been proven to be an alcoholic with a history of DWI's, then that parent should have to prove him or herself FIRST and then be given the privilege of being an active parent again. Anything but them being given a "chance" to prove it, while still being an alcoholic! The child's physical safety should come 1st - because without that - you certainly will then have NOTHING to discuss. I don't know who to say let this poor child down.... certainly the father did first....but like I said - if THAT parent is proven to be irresponsible....then whose hands does the responsibility lie in for that poor child's life? And what about those in similar situations?! "

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