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4½-year term given in vehicular death case
by Kim Robins

A Gloucester man was sentenced to four and a half years in prison this week in connection with a February vehicle accident that took the life of one man and seriously injured another. Keith McGowan, 51, of Shady Lane, was found guilty of involuntary manslaughter and malicious wounding in August as part of a plea agreement. He was sentenced following a tear-filled three-hour hearing Monday.

McGowan was driving his Toyota pickup westbound on Hickory Fork Road on the evening of Feb. 16 when he crossed the center line and hit an eastbound Honda Civic head on, according to State Police. The driver of the Honda, 29-year-old Daniel Klapperich of Newport News, died after being transported to Riverside Walter Reed Hospital. His passenger and close friend, 27-year-old Jason Fox, also of Newport News, sustained serious injuries in the accident. McGowan was not seriously injured.

At the accident scene, McGowan smelled of alcohol and was swaying, very lethargic and had droopy, glassy eyes, according to State Trooper L.J. Saunders who investigated the crash. At the time, Saunders said, McGowan’s biggest concern appeared to be the damage to his truck. His blood alcohol content following the accident measured .07, just below the .08 threshold for driving under the influence in Virginia.

During the proceedings Monday, friends and family described Klapperich as a young man who loved life and all that it held. His father, Al Klapperich, said his son was always a happy kid who was excited about life and about everything. Dee Klapperich, who has lost her only child in the accident, said Daniel was a very loving son and a wonderful cook who enjoyed sharing his culinary talents with family. Travis Abbott recalled his close friend’s love of life, and how he "proved to be one of the best dads ever."

Jessica Alling, Daniel’s fiancée and mother of his five-year-old daughter, remembered Daniel as a great guy who always had a smile on his face. Alling said she worked in the evenings, leaving Daniel to look after their daughter. "He was a wonderful father," she said. "He made her dinner, gave her her bath, read her stories and played with her." Alling said the couple was planning their wedding for May 3, the sixth anniversary of when they met. "It’s ruined my life," Alling said of the accident. "Our family was just beginning."

Fox was also deeply affected by the accident. "He’s still very depressed," said his mother. "He doesn’t sleep well, doesn’t eat well." Fox’s girlfriend Cindy Bailey said he frequently cries and has nightmares. "We have a baby coming, so he’s trying to go on," Bailey said.

McGowan apologized to the families of both victims, and said he frequently asks the Lord why it wasn’t his life that was taken instead of Klapperich’s. He admitted he was an alcoholic who had two driving under the influence convictions, one in 1994 and the latest last year. As part of the resolution of his 2007 charge, he had an interlock device on his vehicle that was removed just three months prior to the fatal crash.

McGowan said there would be no more alcohol for him. "It’s torn me apart. I killed somebody. If I hadn’t had alcohol, I wouldn’t be sitting here right now. It’s destroyed my life, my family. I can’t do it anymore." Defense attorney Devin Hensley sought probation only for his client, saying McGowan had led an exemplary life, was not drunk at the time of the accident and was not trying to hurt someone.

"He may be a good neighbor; he may be a good father. That doesn’t justify the actions that he took," said prosecutor Brian Decker, who noted McGowan had three open bottles of alcohol in his vehicle at the time of the crash. After two prior citations for DUI, Decker said McGowan was doing it again that evening. "I don’t think he’s ever had a wake-up call," Decker said, "The question wasn’t if he would kill someone but when."

Gloucester Circuit Court Judge William H. Shaw III sentenced McGowan to 10 years in prison with six suspended for the manslaughter conviction, and five years with all but six months suspended for unlawful wounding. McGowan had been incarcerated since April awaiting trial and was given credit for time served.

 

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