Follow up
San Jose man sentenced to 35 years to life for 2005 fatal crash
A 49-year-old San Jose man was sentenced today in San Mateo County Superior Court to 35 years to life in state prison in connection with a 2005 crash south of Half Moon Bay that killed a University of California, Santa Cruz
student.
Mark Henderson was convicted of second-degree murder in November for crashing his pickup truck head-on into a motorcycle driven by 19-year-old Rebecca Seibenmorgen along Highway 1 on Oct. 1, 2005.
Judge Joseph Scott denied defense attorney John Halley's motion to strike a previous conviction Henderson had for a 1983 felony assault with a deadly weapon.
By counting the 2005 crash as Henderson's second strike the term was doubled from 15 to 30 years to life. An additional five-year consecutive sentence was added on for multiple felonies that cause bodily harm to others, according to Deputy District Attorney Sean Gallagher.
Scott said that he does not believe Henderson has the ability to control his actions.
"I am thoroughly convinced that if you are released and automobiles are the main use for transportation you will drive under the influence again, and create the same danger to the public that you have been creating," Scott said.
Henderson was arrested after briefly leaving the scene of the accident to dispose of methamphetamine and cocaine he had with him, according to the district attorney's office. Authorities found a small amount of cocaine in his possession, prosecutors said.
During the trial, Henderson, a self-described methamphetamine addict, denied he was under the influence of narcotics before the crash, claiming he had merely been extremely tired and sleepy. Witnesses who were driving behind Henderson's truck before the crash testified that he appeared to be weaving along the road and driving under the influence, Gallagher said.
Seibenmorgen's mother Regine spoke briefly at the sentencing, telling Henderson through her tears that he "disregards the welfare of everyone around (him.)"
"You killed our daughter," Seibenmorgen said. "You knew damn well what the consequences would be (for driving under the influence) and you did it anyway!"
According to Gallagher, Henderson has three previous DUI convictions, in 1986, 1988 and 1990, and as part of his sentence, attended several treatment programs and classes designed to educate about the dangers of drugs, and thus should have known full well the potential consequences.
