High-speed chase felon sentenced to jail

At the end of a harrowing afternoon of victim impact statements and tears on both sides of the courtroom, Christopher Nesius of Wheatland was sentenced on Wednesday to spend up to 23 years in jail for aggravated assault and causing serious bodily harm while driving under the influence. Judge Michael Deegan also ordered him to pay approximately $330,000 in restitution to the victim.

In October, a jury found Nesius guilty on both felony charges, as well as three misdemeanors. The trial related to a high speed chase that took place in July, 2017, when Nesius eluded law enforcement after being spotted speeding at Keyhole State Park and was pursued at speeds topping 100 mph on I-90.

Nesius rear-ended a motorcyclist, causing serious injury including traumatic brain injury, broken bones and damage to the optical nerve. The victim, Delmar "DJ" Toczek of South Dakota, was accompanied to the sentencing by several family members who wished to share with Judge Deegan how the incident has impacted their lives.

Victim Statements

Toczek began his statement by telling the court, "I was living a dream – at least, my dream."

A football player throughout his student days, 27-year-old Toczek told the court he had aimed to get a scholarship to college and then become a teacher and coach so he could continue following his passion. He did exactly that, he said, but his injuries have made it impossible to continue.

Toczek tried to return to work twice, he said, though doctors had initially told him he would never teach again. But despite his refusal to accept this, he said the constant headaches had forced him to resign.

Toczek stated that he is now experiencing "suffocating debt" and has lost his job, health, independence and future. Shortly after the crash, he discovered he would soon become a father, and he told the court of his worries that his health would leave him wheelchair-bound and unable to care for his daughter.

Toczek said he is now in constant pain, but as a Midwestern man he does not complain.

"Don't worry," he told the court. "I will find a way to live a good life."

Toczek's mother, Amy Pisha, told the court that there is no jail term long enough for what Nesius has taken from her son.

"As a mom, how do I say I lost my son on July 8, 2017 and I am trying so hard to learn to love the new young man who fought so hard to survive and get his life back," she said. "He's gone."

Pisha described the anguish of watching her son suffer and grueling months of traveling to be by his side at the hospital. She and Toczek's father alternated weeks so that their son would never be alone.

Toczek's aunt described how it felt to arrive at the hospital after the accident and the horror of waiting to find out whether her nephew had survived. She stated that Nesius had ruined Toczek's life and was showing no remorse for his actions.

A statement was read from Toczek's father, who described rushing home not knowing if he would ever see his son again. Nesius, said the statement, took Toczek's dreams, life and the things he loved to do.

The statement also described a multitude of financial impacts, from doctor bills and travel for therapy to missing work. It's hard to calculate the total loss, it said.

Mercy Pleas

The court also heard a statement from Nesius's mother, Katy Haggerty, who apologized to Toczek for the accident and told him she prays for him every day and knows her son thinks about him and would have liked to reach out. She said eluding the police "may have been the worst decision he's ever made."

Haggerty told the court Nesius suffered emotional issues after being run over by his ex-girlfriend and losing his foot. That day at Keyhole he felt "lost without his limb" and unable to fit in, she said.

While this does not excuse his behavior, Haggerty said, she would do anything possible to support him. She asked for mercy for a man who, she said, has lost his leg, freedom and self-confidence.

"Chris could still have a productive life learning to live with himself on a different level," she said.

Nesius's lawyer, Public Defender Miles Jacobi, made several arguments for leniency, including that many of the prior charges mentioned in the pre-sentence investigation were dismissed or came to nothing.

"This is a pattern that we'll see in several of these reports on prior criminal charges," he said.

For example, in 2006, Jacobi said that Nesius was placed on two years of probation for interference with a peace officer but the jail time was suspended. All charges in a 2015 case in Cheyenne related to crimes such as kidnapping and domestic abuse were meanwhile dismissed, he said.

"We have a lot of things that are charges, but far more charged than actual convictions," said Jacobi.

Jacobi also argued that there was no basis to consider the current charges to be a second offense. A prior DUI with serious bodily injury does exist, he continued, but it was a single-vehicle crash in which Nesius's brother was injured and "a very different kind of charge".

Jacobi disputed a package of exhibits supporting the state's request for $750,000 in restitution for the victim, arguing that they did not provide enough information or proof to be anything more than a number. He also argued that the two felony charges should be merged as they relate to the same crime.

Jacobi's request for sentencing on behalf of his defendant was a long period of probation – around five years – and no more than eight years of jail time. He asked the court to dismiss the restitution figure.

State Requests

Deputy Attorney Linda Black, representing the state, introduced a Wheatland report including four new charges against Nesius from July, 2018, including reckless driving, possession and defrauding a drug or alcohol test. Black asked the court to consider the new charges as part of Nesius's criminal history.

Judge Deegan accepted the documents but commented, "they are just charges at this point".

Black called Trooper Scott Simons of Colorado to testify regarding a June, 2007 investigation involving a conviction of DUI and vehicular assault. Simons said Nesius drove under the influence of alcohol on a county road, lost control, crashed into a tree and caused serious injury to the passenger, his brother.

Black's request was for the charges to be treated individually and for incarceration. She argued that Nesius has been unable to comply with probation in the past, that there has been a bond revocation and that Nesius failed to turn up for court while again leading police on a chase, this time in Wheatland.

"Mr. Nesius has not learned his lesson. I don't know that he ever will," she said.

On the other hand, she said, there is worth in sentencing him severely as a deterrent to others who may think of following in his footsteps. She asked for, "Incarceration, for as long as we can", requesting the maximum possible sentence of 32 years and six months.

The maximum sentence would be appropriate, Black said, because it is used for the worst offenders. In her ten years of experience, Black said she could not think of a more "perfect case" to illustrate why the legislature has provided the ability to impose maximum sentences and have them run consecutively.

Defendant Speaks

Before Judge Deegan retired to consider the sentence, Nesius himself was asked if he wished to speak. With permission from the judge, he spoke directly to Toczek with tears in his eyes and a choked voice.

"I can't change the past, or I would," he said, telling Toczek he doesn't know where to start in apologizing to him, his whole family and, most of all, his daughter.

"I need rehab help, I do, for my mind, body and leg," Nesius said, describing the incident in 2008 when his ex-girlfriend hit him with her vehicle.

Nesius told Toczek that he knows he has ruined his life and can't change that, but that he would work 20 jobs if he had to in order to help him pay back his debts and live the life he deserves.

"I can't say I can come up with $750,000, but God help me I will try," he said, also admitting, "I am in the wrong for that day."

The Verdict

Judge Deegan ruled that the state has proved the DUI charge is a second conviction and that the two felonies should not be merged. He did, however, merge the aggravated assault with the misdemeanor for reckless endangerment.

The judge ordered Nesius to pay around $330,000 in restitution. He did not impose any fines, stating that he believes Nesius's ability to pay should be concentrated on compensating the victim.

For the three misdemeanors – fleeing or eluding law enforcement, interference with a police officer and reckless endangerment – Deegan sentenced Nesius to 211 days of incarceration with credit for 211 days already served.

The judge commented that Nesius is not a good candidate for probation and that it would be inappropriate for a serious crime following which the victim was only present in court "by the grace of God". He stated that the need for general deterrence is "obvious" – people need to know that they cannot indulge in such behavior – and the need for rehabilitation is similarly clear.

Deegan chose to run the sentences for the felonies consecutively as the case includes two very distinct harms: that done to Toczek and the threat to "countless people who were put in danger".

For aggravated assault, Nesius will serve five to eight years. For the DUI with serious bodily injury, he will serve 12 to 15 years.

"This is a significant sentence – but this is a significant crime," said the judge.