Judge intends to reject plea agreement in Sacajawea Park drunken driving death

Daniel Rogers was prepared to go to a treatment program as part of his punishment for the car accident that killed his friend when Rogers, driving drunk, missed an Orange Street curve and ran his car into the Sacajawea Park sign.

But on Thursday, Missoula County District Judge John Larson warned Rogers he intended to reject the plea agreement reached in the case.

Rogers, 36, pleaded guilty in March to vehicular homicide while driving under the influence in connection with the Oct. 26, 2010, crash.

David Mischock, 32, of Oregon, a passenger in the car, died after the Sacajawea Park sign went through the windshield and struck him in the head. A blood test showed Rogers' blood alcohol content at 0.203, more than 2 1/2 times the legal limit of 0.08.

When Rogers entered his guilty plea, Deputy Missoula County Attorney Patricia Bower said Mischock's family "is willing to give this defendant the benefit of the doubt."

But Larson apparently isn't.

The agreement called for a 20-year sentence with 15 years suspended. That time would have been served under Department of Corrections supervision rather than prison. Rogers also agreed to spend six months in the Connections Corrections or WATCh addictions treatment program, according to his attorney, Paul Ryan.

"The unique thing about this was that everyone was on board with the agreement," including Mischock's family, Ryan said.

In the past year, Larson has imposed prison sentences in two other high-profile vehicular homicide cases involving drivers who had been drinking.

Last month, he went beyond the terms of the plea agreement worked out for Traci LaJoie, 31, who pleaded guilty in March to negligent vehicular homicide in the death of a Missoula pastor. LaJoie told authorities she'd had about five drinks that night, according to papers filed in the case. Larson sentenced LaJoie to 20 years in prison, and doubled the amount of time she'll spend there without parole, from the plea agreement's two years to four years.

Last year, he sentenced David DelSignore, who pleaded guilty in the 2009 deaths of two Hellgate High School students as they walked along Highway 200 in East Missoula, to 30 years in prison with all but 15 years and five months suspended.

The judge's actions Thursday mean that Rogers can withdraw his guilty plea and opt for a trial in the case. Larson will meet with all parties on July 20 to discuss Rogers' options.

Reporter Gwen Florio can be reached at 523-5268, gwen.florio@missoulian.com or CopsAndCourts.com.