Jacob Victor, 26, was sentenced to one year in the Carver County Jail and 20 years of probation in the Aug. 26, 2007 death of Shannon Kruse and her unborn child.

A mother had died. The unborn child inside her, just one month from being full-term, was also gone in an instant. And behind the wheel of the car that had just snuffed out two lives and altered dozens of others sat a 25-year-old Chaska man with a blood alcohol content of .13, well above the legal limit of .08.

Last Thursday, Jacob Victor sat in Carver County District Court staring blankly into the dark oak defendant’s table as family members of Shannon Kruse spoke about her qualities as a mother, wife and daughter. Each word seemed to penetrate Victor like a knife as a picture of Kruse’s life was unveiled through the descriptions of her family. From baptism, graduation, wedding and the births of three of her children, Kruse was characterized as a “ bright light” that people were attracted to. But after a tragic car crash in August 2007, her life had been ended, along with the child inside her that was eight months to term.

The man responsible, Victor, could do little in court last Thursday during sentencing except hope for mercy from a judge who would decide his fate before the day ended.

Judge Philip T. Kanning may have surprised everyone with Victor’s sentence of one year in the Carver County Jail and 20 years of probation.

The Carver County Attorney’s Office was pushing hard for a 96 month sentence (concurrent 48-month sentences for the death of Shannon and her unborn child).

Instead, Kanning sentenced the now 26-year-old Victor to one year in the Carver County Jail (he could be released in eight months for good behavior) and two consecutive 10-year probation sentences. If at anytime during the duration of the probation Victor violates the terms, the 96-month prison term can be enforced.

He will also be required to refrain from alcohol consumption during the entire 20 years of his probation. He will also be required to begin speaking to teens at area schools concerning his situation and the dangers of drinking and driving. In addition, on Kruse’s birthday, or shortly before or after, he must visit her grave site, then write a letter explaining to Kruse what he has done in the last year that would make her proud of him. That letter will then be mailed to Judge Kanning and he will determine if the contents are meeting his expectations of adequate progress.

Kanning noted that if he retires before the 20-year probationary term has concluded or if he passes from this earth, he will instruct another judge to assume this responsibility.

Judge Kanning reflected on his own family at sentencing and the fact that he had a grandson born one month ago who was slightly smaller than Mark and Shannon Kruse’s unborn child.

The sentencing in Carver County Courtroom 2 was preceded by more than one hour of statements by both families. Mark Kruse may have offered the most compelling statements. “My daughter had little hands, little feet, and she was a beautiful little girl,” he said, struggling to contain his emotions. “She would have been a grand daughter, a great grand daughter. But she never saw the light of day. She would have made us a family of six. Instead, we are a family of four. This day changed my life forever.

“I was so lost (after the crash) I went into survival mode with all the decisions that had to be made after Shannon was killed.”

Kruse said he is a proud supporter of his family, but now without his wife, he can’t provide for them at the level that they deserve because he’s so busy splitting his time between work and serving as a mother and a father, along with the help of his extended family.

Kruse said he was disappointed when Victor did not accept a plea agreement of a 48-month sentence. “There was no responsibility. No remorse.”

But Victor had his own family and friends in court supporting him. Many of them had been interviewed on camera for a DVD that was played in court that day. He was described by family members as a hard working, introverted young man who had been punishing himself daily ever since the car crash. His father described him as being “honest and that he had integrity. Those are his strong points.

“He’s had some bad dreams over the last year. It wouldn’t do anything for society to put him behind bars,” his father said.

His mother said her son, who graduated high school with honors, realizes his choice to get behind the wheel of a car when he was drunk was “bad.” “It must have been a lapse in judgment. I just hope and pray that he doesn’t have to go go to jail. And I hope he continues to work, gets married and has kids.”

Throughout the sentencing Victor mainly stared straight ahead, sometimes cupping his chin with his left hand.

He spoke briefly before Kanning sentenced him. “I want to send my condolences to the Kruse family. I’m sorry for your loss. And I want to thank my family for being here. That’s all judge.”

Judge Kanning, after hearing statements from both prosecution and defense, many coming from family members, said he had a sense that there was a “Christian feeling in the courtroom.”

He referenced Pontius Pilate and said it would be easy for him to follow sentencing guidelines and “wash his hands of it. That would be the simplest thing for me to do.

“There are no excuses for his (Victor’s) lack of judgment. He has had a privileged life.”

But, Kanning said if he sentenced Victor to the 96-month prison term, Victor would still likely get out for good behavior in about five years. And any restitution that the judge decides to impose would be difficult for Victor to manage during his time in jail since prison wages are $1 per hour.

Kanning said by having Victor serve a 20-year probation, he had more ability to impose corrective stipulations to his sentence and make him more available for restitution.

Still, Victor and his family seemed distraught that he was forced to serve a one-year jail term in Carver County (he will be eligible for work release).

Kanning said his rationale for the sentence in part came because Victor had no prior convictions, was an honor student in high school and this allowed the most flexibility in dictating his responsibility over the next 20 years.

“I hope at some point in time the Kruse family can accept this (sentence). One of the tenets of Christianity is forgiveness. This sentence can only be successful if you are successful,” Kanning said, addressing Victor. “It’s your choice.”

When Judge Kanning concluded his comments, court was recessed. Victor turned to face his family, and a pair of deputies approached to take him into custody.

Members of the Kruse family filed by as Victor hugged his own family and waved goodbye.

According to police records, at approximately 1:30 a.m. on Aug. 26, 2007, Shannon Kruse was driving eastbound on Minnesota Highway 5 near its intersection with Krey Ave., just west of Victoria. Victor was traveling westbound on Highway 5 and apparently crossed over the centerline. Although Kruse tried to take evasive action, the two vehicles crashed head-on. Both Kruse and her unborn daughter were killed in the collision.

Carver County Attorney James Keeler said his office was disappointed with the sentence.