The Daily News

Cathleen Dean, 53, pleaded guilty to the class C felony charge of negligent homicide Monday afternoon in Southeast District Court. Dean pleaded "not guilty" in December to the Sept. 29 accident on Highway 210 that caused the death of 18-year-old Antoinette Gjesdal.

More than 30 people attended the plea hearing — families representing both the defendant and the victim, including Brenda Gjesdal, Antoinette's mother.

After testimony for the defense and some deliberation, presiding Judge Daniel Narum sentenced Dean to a total of one year and one day prison, two years supervised probation, a $500 fine and 100 hours community service. The maximum sentence for the charge is five years in prison and/or a $5,000 fine.

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Narum's reasoning for the jail term was simple: punishment, because the Legislature criminalized the criminal act of negligence, he said.

In determining the appropriate sentence for her crime, Dean's attorney, Cash Aaland of Aaland Law Firm in Fargo, asked licensed Fargo private investigator Dean Wawers, a former Cass County deputy sheriff, to testify on his investigation into what happened that day, the "chain of accidents" that led to a teen's death.

On the first day of beet harvest, Dean, a professional truck driver with 28 years experience, reported to work at the (Russ) Mauch farmstead. Instead of being assigned to her familiar Ford manual semi, "to her surprise" she was assigned to a Ford automatic, a vehicle she had no experience driving. She contacted truck owner Ricky Bladow to see if this was a mistake, but he ordered her to drive the automatic and told her "get to work," Wawers said.

Bladow admitted, Wawers said, that Dean had absolutely no training on the vehicle. Mauch was unavailable.

"She was in tears when she left the yard that morning because she was so uncomfortable (with that vehicle)," Wawers said.

Dean was so unfamiliar with the vehicle she needed help even getting it started. She later had to call her husband, Marvin, on the CB radio to find out how to shift the vehicle. On the second load, the vehicle broke down. A fuse for the fuel cut-off switch had blown, and had to be replaced, he said.

Dean's employers responded to all these difficulties by saying, "It's all in your imagination," said Wawers.

The fatal accident occurred while hauling a third load. Dean missed the N.D. Highway 210 bypass lights warning truckers to slow down because the intersection lights were about to change. Carrying a legally overweight load and feeling she wouldn't be able to slow down in time, she made the decision then to race the yellow light at the 16th Street intersection. Dean's truck crashed into the driver's side of Gjesdal's vehicle. Gjesdal was killed by blunt force trauma on the scene.

Aaland, at this point, took issue with Gjesdal's "disputable" placement at the intersection, since varying reports placed her at first, second and third in line. His intent wasn't to "shift the blame," he said, just to "set the table." Aaland conceded that "(Dean's) negligence caused the accident and this tragic loss," but noted that she was nonetheless stressed and pressured by her employer.

No one from the Gjesdal family spoke in court, instead relying on their submitted statements.

Narum said Brenda Gjesdal’s statement read that the family said five years wouldn’t be enough to replace the loss.

Wawer's testimony completed, Richland County Assistant State's Attorney Ron McBeth left the sentence at the discretion of the defense.

Aaland pleaded that the employer's insurance carrier would be able to handle any damages in any civil suit, which he said "will occur," and had made a point of Dean's never having an accident all through her 28 years as a professional truck driver.

"She did not plan for this," he said.

Aaland pointed out that the circumstances of the crime were not likely to reoccur, and added that the maximum sentence would put "undue hardship" on Dean's large family, which she is "heavily involved with" and which includes a mother with worsening cancer.

"There's nothing that can happen here that could bring any consolation," Aaland said.

After a 20 minute recess, Narum returned and spoke to Brenda Gjesdal directly, saying, "I just wanted to look you in the eyes, and say I'm probably going to disappoint you with this sentence."

In considering Dean's sentence, Narum determined that "your (professional) experience... worked against you in this case." Otherwise, he would have been more sympathetic, he said.

"You should have known better. You should've demanded education (on how to operate the truck)," he said. "If we can't rely on experienced truck drivers to make those choices I don't know who we can rely on."

Before sentencing, Dean herself made a brief statement.

"I'd like to apologize sincerely," she said, weeping and with tears filling her eyes. "If I could go back and change it I would. I'm sorry."

"I do feel your remorse expressed here today is sincere, and that you will suffer for this," Narum said to Dean.

Dean was allowed three days to set her affairs in order before surrendering herself on Thursday, Sept. 2, before 7 p.m. The families for both the defendant and the victim left the courtroom in tears.

Comments

Steve from Foxhome wrote on Sep 7, 2010 12:21 PM:

" Trucks are like big cars. If you can drive a standard, you can drive an automatic. For all of the time spent on the road, beet drivers don't have very many bad accidents. Please lighten uo on us beet workers. We may not be the best and the brightest, but at least we are holding jobs. "




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dowhoop wrote on Sep 6, 2010 12:36 AM:

" It's sad that this happened. I look at all these comments and not one touches on the real subject, which is different laws for different people. P.S. It's like that and that's just the way it is. "




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Resident continued part III wrote on Sep 5, 2010 11:51 PM:

" That girl ALWAYS had a smile on her face--it was rare to see anything but a smile. Put a smile on your face, because there was barely a moment in time that there was not a smile on her face. Smile for Annie and pray for her happiness in heaven, and pray for Brenda, who is by far the strongest woman in Wahpeton, ND. Get rid of those frowns and be thankful for what you have in life, and NEVER take it for granted. Thank you. "




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Resident continued part II wrote on Sep 5, 2010 11:50 PM:

" Rather than continue with these controversial comments, everyone should be happy and be thankful for their lives and truly do one thing: live life for Annie. If she were here right now, she would not appreciate seeing all of these angry remarks. "




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Resident wrote on Sep 5, 2010 11:48 PM:

" To All who commented:

Thank you for your input on the situation. Whether your comments were good or bad, it's nice to know that such a tragic accident shows how much our community cares and reacts to the situation. No matter who says what, or what happens, we all know that our precious Annie cannot return to our lives. All of the arguing, pointing of fingers, and angry comments--do they really make sense anymore "




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To several... wrote on Sep 5, 2010 2:59 PM:

" @Watching - The farmer isn't being sent away because he didn't drive through a red light and kill somebody.

@Get Real - Past behavior is considered in sentencing, and apparently she still lacks regard for driving rules.

@hmmm - The reason someone targeted beet trucks is that they are much bigger and take longer to react to changing conditions and have people driving them that may only drive truck two weeks a year! "




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Concerned Driver wrote on Sep 5, 2010 12:50 PM:

" To hmm, I agree that everyone should use caution and I do not like when anyone, beet truck or not, use their cell phones while driving. I only commented on beet truck drivers because this article is about a beet truck accident, is this not appropriate? I have nothing against beet truck drivers and am good friends with many of them. Sorry to offend you. "




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dont point wrote on Sep 4, 2010 10:48 PM:

" If you are ONLY going to point your finger at the beet farmers --- be ready to give up ALL of your sugar. "




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hmm wrote on Sep 3, 2010 8:52 PM:

" To the concerned driver...what about all the other people all the rode that use their cell phones? Why do you have to say BEET TRUCK drivers? There is plenty of people that do it. We all should know this time of the year EVERYONE should us caution when out there. It is harvest time. There is not only BEET trucks out there. "




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Time to Heal wrote on Sep 3, 2010 6:06 PM:

" The trial is over. Now is the time to quit blamming one another. We need to pray for all involved. It was a terrible accident/crash. The lives of 2 families and friends will never be the same. My heart goes out to them all. "




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Get Real wrote on Sep 3, 2010 4:33 PM:

" Would have the maximum sentence brought Annie back? No. Quit talking about Dean's past. That's the past and lets leave it there. People change. How horrible of you people to judge. I pray that none of you ever are in Dean's shoes. She has to live with this the rest of her life. I pray that God will heal EVERYONE'S hearts in the sad situation. "




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Watching wrote on Sep 3, 2010 10:38 AM:

" She was driving an overweight truck, absolutely no training on how to operate the truck. This beet farmer was so intent on getting his crop in and making money, that he totally disregarded the public's safety. Maybe he should be the one going away for a year and a day. Next time he would send someone with experience in the unit to show the driver. "




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sad wrote on Sep 3, 2010 8:34 AM:

" They aren't called accidents, they are called crashes. Crashes happen due to negligence. Whether the intent is malicious or not, crashes still are someone's fault. It is totally the driver's fault, not an "accident."

I have no doubt she is sorry, but that doesn't remove the fact that her negligence killed someone in a crash. "




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Why only wrote on Sep 3, 2010 7:57 AM:

" No matter how much time is served she has to live with this the rest of her life. Yes it does not bring back Annie. I know alot of you think 1yr is not enough. The same judge gave a guy 3yrs for having sex with a minor he will be out in 15mths and he is in the pen. More time for sex with a minor then death. Not right!!!! "




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Sad wrote on Sep 2, 2010 9:56 PM:

" Accidents happen! She wasn't drunk, which in many cases people haven't been sentenced to a single day in jail for being drunk and killing someone. I feel bed for the girls family, but it was an accident and not a malicious act. I don't think the judge is being light with his sentencing. "




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looking in wrote on Sep 2, 2010 7:05 PM:

" She was definitly not a truck driver with 28 years experience. I think she drove truck in kansas or oklahoma prior to 1990 when she moved to this area,I don't beleive she has driven in the past 20 years. If i was a mechanic for a couple years in the 80's would I now be able to say I have 28 years mechanic experience? "




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TheAuthor wrote on Sep 2, 2010 1:32 PM:

" If Dean had received 1 year exact, she would be doing her sentence here in Wahpeton. Because she received 1 year, 1 day, she has to do her sentence at the state women's penitentiary.

Also the defense DID NOT decide the sentence. They were given discretion for a recommendation to give to the judge. It's the Judge who decides ultimately. "




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Daily News Reader wrote on Sep 2, 2010 1:19 PM:

" I think the Judges are reading the entertainment news to figure out what sentence to give. How much time will she really serve? This is a sentence just like linsey lohan received. Dean will get a year and a day which will probably then equate to 19 hours served with good behavior. By the time she gets to the Bismarck pen it will be time to turn around and come home. "




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Concerned Driver wrote on Sep 2, 2010 11:08 AM:

" This was a horrible accident, but it points out that some of the beet truck drivers are not as careful as they should be. Just yesterday when I was driving I saw at least 5 beet truck drivers on their cell phones and not paying much attention to the road. I wish the farmers had a rule against this. "




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Karla Litke wrote on Sep 2, 2010 12:31 AM:

" What is wrong with Cathleen Dean having to live with this for the rest of her life? What about Annie's Mother? Cathleen Dean will be able to walk, talk, breathe. Has anyone seen Annie do that since September 29, 2009? "




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wilkin county tax payer wrote on Sep 1, 2010 9:49 PM:

" It's about time the sugar beet drivers are held accountable for there actions.
I'm really tired of the rest of us living by the laws while the "BEET FARMERS" can get away with anything they want to! They put any warm body behind the wheel and hope for the best. "




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Karla Littke wrote on Sep 1, 2010 9:18 PM:

" I am speaking for Annie's family when I say they are okay with the sentence for Ms. Dean. I feel all who knew Annie would rather everyone remember her as she was in life rather than the horrific aftermath of her death. "




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Larry Bahr wrote on Sep 1, 2010 5:29 PM:

" This is no different then the couple who were killed on their motor cycle earlier this year at Christine ND by a driver who failed to stop for a stop sign with a Falshing red light, the Judge in Fargo was also too lenient as the driver will do no jail time, I guess when you drive in ND your on your own as the liberal judges of this state continue to fail to protect you from reckless driving, vehichular homecide, and just plain neglegience!!!! "




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Larry Bahr wrote on Sep 1, 2010 5:21 PM:

" Truck Driver Dean got off way to easy only the maximum sentaence would have sufficed, apparently her past was not looked at when setting this charge, I don't believe and can verify her 28 years of experience,and the person who hired her must also take some of the blame as a proper background check would have prevented her for being hired for such a job. "




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SV wrote on Sep 1, 2010 3:08 PM:

" Im sorry but it dont matter how long she has to sit, she has to live with that day for the rest of her life, and sure it wont bring her back, but for Cathleen, it will be with her all the time, and some times that is enough, no matter what the sentence is, and she has a BIG family and friends, and they stick together in good and bad!!!! "




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checkthefacts wrote on Sep 1, 2010 2:27 PM:

" Carl, keep in mind that in that accident in 99, all of those kids were in the same car and all were drinking and knew that the driver was drinking so in that case they put themselves in that situation and took the risk. In this case, Annie didn't have that chance to make a decission. Also, in that case some family of the ones killed actually requested a lite sentence. "




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checkthefacts wrote on Sep 1, 2010 12:44 PM:

" I agree that no amount of time served is going to bring Annie back. However,I question Dean's 28 years of being a "professional truck driver" when she went through a stretch of time with a suspended license. I also question that statement because she didn't have a Class A license that a "professional truck driver" would have. I think that besides being angry with Judge Narum for such a weak sentence, everyone needs to look at the line that stated that Assistant States Attorney Ron McBeth left sentencing to the discresion of the defense (defense being Dean and her attorney)! "




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Carl Springer wrote on Sep 1, 2010 12:24 PM:

" Keep complaining.... Richland county judges have been week on accidents like this forever. Think back to 99 when the 3 kids got killed north of cargill. I do agree with the judge, 1 year in the can is plenty. It was an accident. It could happen to anybody, including all of you crying foul on this comment section. She said she's sorry, let her pay her debt and be done with it. "




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JJ wrote on Sep 1, 2010 11:40 AM:

" ARE WE SUPPOSED TO FEEL SORRY FOR HER? DIDN'T SHE KILL A TEENAGER BECAUSE OF HER CARELESSNESS? "




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CJS wrote on Sep 1, 2010 9:23 AM:

" DC - I'm curious what you feel would have been an appropriate sentence? "




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So pathetic wrote on Sep 1, 2010 8:40 AM:

" It's interesting that there was consideration for Dean's "heavy involvement" with her large family. And what about Brenda? All she had was Annie, who was the center of her life. What about her? Again- WHO'S THE VICTIM HERE?!?!? I agree- do NOT re-elect this inconsiderate judge!! "




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beet driver wrote on Sep 1, 2010 6:39 AM:

" "a professional truck driver with 28 years experience" not familiar with a different truck would have drove with caution. The truck had nothing to do with her not paying attention to the light and making a poor decision that took a teens life. "




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madchick wrote on Aug 31, 2010 7:18 PM:

" Didn't she have a driving record tho??????????????? "




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DC wrote on Aug 31, 2010 4:50 PM:

" I am appalled that a judge would give such a light, almost no sentence for such a grievous crime. He should be recalled or at least the community should make sure he never gets re-elected because he definately doesn't deserve it. "




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