LAKEPORT — A judge Monday sentenced a Piercy man to seven years in state prison for his role in a car crash that led to the death of Lakeport resident Kimberlee Annette Westbay nearly one year ago.
Anton Timothy Kloiber, 35, pleaded no contest last month to felony gross vehicular manslaughter while intoxicated. He also admitted a special allegation of having injured a second person during the incident.
Investigators reported that on Sept. 24, Kloiber was driving a Chevrolet Tahoe west on Highway 20 when his vehicle moved into the eastbound lane while going around a curve and struck Westbay”s Nissan pickup head-on. The Tahoe reportedly continued westbound out of control and collided with the left rear of an eastbound Ford F-150.
Westbay, 52, died at the scene of the crash. The driver of the F-150 sustained leg and back injuries.
The prosecution presented evidence during a preliminary hearing in March that indicated Kloiber was under the influence of prescription medications at the time of the collisions.
Kloiber appeared before Judge Andrew S. Blum Monday morning at the Lake County Courthouse for sentencing.
Westbay”s mother, Shirley Coulson, read a brief statement to the judge, describing her daughter as having been “full of life” with many friends in Lakeport. Some family and friends present in the courtroom cried while Coulson spoke to the court.
Kloiber did not give a statement, however, his attorney, Judy Conard, told the judge her client “is extremely remorseful” about the situation.
Blum sentenced Kloiber to seven years in state prison, a term agreed upon by both parties and recommended by the Lake County Probation Department. The total term was comprised of six years for the vehicular manslaughter count and an additional year for the special allegation.
Coulson expressed disappointment with the prison term after the sentencing hearing. “I think seven years is a farce. I”ve lost Kim forever,” she said.
Blum ordered Kloiber to pay a minimum of $1,470 for restitution fines and court fees. The judge reserved pronouncing the restitution Kloiber must pay to Westbay”s estate and the injured second driver. Those final amounts will be determined at a later date.
Kloiber received two days credit for time already served.
Blum had intended to remand Kloiber into the custody of the Lake County Sheriff”s Office, but Conard told the judge it was her understanding both parties had agreed to allow her client to remain out of custody until he is sentenced in a Mendocino County courtroom in an unrelated case.
Kloiber is to be sentenced Friday in Mendocino County for two counts of negligent discharge of a firearm, which stemmed from separate incidents in December.
Senior deputy district attorney John Langan said he did not specifically recall such an agreement but could not say whether another senior member of the District Attorney”s Office had reached an understanding with Conard on the matter.
Blum indicated it would be unusual for him not to remand an individual just sentenced to a state prison term, but said he would rely on Conard”s word as an officer of the court that both parties reached an understanding on the issue.
Blum ordered Kloiber to turn himself into the custody of the Mendocino County Sheriff”s Office after his sentencing hearing Friday morning.
Langan said he doesn”t consider Kloiber, who made all required court appearances in the Lake County case, to be a flight risk, but added that a member of the Lake County DA”s Office would call Mendocino County on Friday to verify that Kloiber was taken into custody.
The Lake County sentence would be the principal term and it would be up to the discretion of the Mendocino County judge whether that case”s sentence would run concurrently or consecutively, Langan said.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
