Gafken resentenced to 15-30 years for fatal 2018 crash
A woman was sentenced for the second time Monday, and will serve the next 15 to 30 years in prison for second-degree murder.
Theresa Gafken apologized to the family of 48-year-old Kristine Donahue, saying she took responsibility for the 2018 crash that killed her.
"Although we got caught up in the chain of events, we are still responsible for how we behave in those events," Gafken said.
Gafken was originally sentenced to 20-30 years in prison in 2018 for killing Donahue while fleeing from police at 100 mph. Gafken had run through red light at the intersection of 24th and Dove Streets, hitting three other vehicles and causing multiple injuries. Donahue died at the scene.
That sentencing was thrown out, however, when the Michigan Supreme Court ruled in a 4-3 decision Judge Michael West should have allowed Gafken to argue she acted under duress. Gafken had said a passenger in her car was threatening her with a gun during the police chase and told her not to stop, a claim disputed by prosecutors.
The case had been set for a potential second trial when Gafken accepted a plea agreement that would have her admit to second-degree murder. In exchange, the prosecution dropped charges for fleeing from a police officer and operating a vehicle while intoxicated.
Donahue's daughter spoke at the sentencing about the moments her mother had missed in the six years since her death: graduations, family births, fights in the family and the passing of family members.
"I'll forever have a hole in my heart where I should have my mom's love," her daughter said.
Donahue's sister told the court she did not believe Gafken was remorseful for her sister's death. She said she was angry with Gafken for challenging her initial sentencing and potentially forcing the family to deal with a second trial.
"When you're done serving your prison time, you'll be given a second chance," Donahue's sister said. "You took that chance from Kris."
While announcing his sentence, West said he did believe Gafken was remorseful, citing her payment of restitution costs. West also criticized the supreme court ruling that forced the case to be resentenced, saying the Michigan Supreme Court had effectively changed the law.
"Everyone I know who reviewed that decision agreed that decision raised more questions than they answered," West said.
Gafken was given credit for 2,246 days, or more than six years, that she had already served in jail and prison.
Contact Johnathan Hogan at jhogan@gannett.com.
This article originally appeared on Port Huron Times Herald: Gafken resentenced to 15-30 years for fatal 2018 crash
