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As part of the plea agreement, the judge found Barber guilty of driving under the influence of alcohol and threw out all the other charges against him. It was Barber's second DUI conviction, making it a misdemeanor. His first conviction, in another county, ended with Barber attending a diversion program.
The Warrens aren't any happier with the results of this conviction.
"He walked away," said Donnie Warren about the accident, lying in the bed he rarely gets to leave. "It's not fair. I'm lucky to be alive."
But back at the Morris County Courthouse, the judge is limited by current state law in what punishment he can give Barber.
"The minimum sentence would be 90 days," Judge Thomas Ball informs Barber, after attorneys announced that part of the plea agreement. But then warns Barber he doesn't have to accept the state's recommendation. He could give Barber the maximum sentence, a year in the county jail. Judge Ball will decide at Barber's official sentencing hearing sometime in April.
The news is unwelcome at the Warren home.
"I'm really upset," said Amanda Warren, wiping away tears. "I wish that he could go to jail for life."
Meanwhile, in Topeka, state legislators are considering a bill that would allow county prosecutors to add a charge of aggravated battery in DUI cases that include a personal injury like Warren's.
Current law requires prosecutors to prove additional reckless behavior, beyond just the drinking, before adding the felony charge. The state bill would change that.
