Judge Says Harsher Sentence Needed for Hit and Run Defendant

Rejects proposed plea deal

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By Kate McPherson
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ANCHORAGE - In a packed Anchorage courtroom on Friday, before Judge Jack Smith had entered, 20-year-old Ashley Bashore made a last minute apology to the family of Hubert Tunuchuk.

She killed the 28-year-old last Easter Sunday when prosecutors say she was texting and driving on Tudor Road over the Seward Highway.

But, when sentencing started, the apology didn't seem to comfort Tunuchuk's uncle, who was listening to the proceeding over the phone and had the opportunity to address the court.

“We have never received any kind of apology from her. I’m not sure there's a last minute apology like this... I'm not sure that means anything,” said Geoffrey Stauffer.

Stauffer said it was hard for the family to wait for eight months for Bashore to be charged.

“Telling her friends that she hit a dog, which was just so awful when we found that out,” said Stauffer.

As part of a deal with state prosecutors Bashore pleaded guilty in July to criminally negligent homicide and failing to render assistance.

“Because Ms. Bashore has no prior criminal history she faces a sentence under the statute of 1 to 3 years,” said assistant district attorney Christina Sherman.

The state argued for a 3-year sentence -- 2 of those suspended.

“That two years of suspended time is important for rehabilitation and allows her conduct to be monitored over the course of the next three years,” said Sherman.

On the charge of not stopping to help, state prosecutor Sherman argued for 2 years -- all suspended.

But Judge Jack Smith did not agree.

“It still remains that somebody died and somebody didn't stop after hitting them. I have a problem with that,” said Judge Smith.

“To give no time for that offense [failing to render assistance] where are death occurred is inappropriate, so I'm going to find that the proposed sentence doesn't meet the interest of justice.”

Bashore’s lawyer and state prosecutors will renegotiate and are due back in court on November 7.

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TedtheBear said on Friday, Oct 19 at 7:13 PM

Good for Judge Smith on this one. The DA office should be totally ashamed of themselves for agreeing to such a weak sentence when a human life was loss. Christina Sherman should be apologizing to the family of Herbert Tunuchuk for her disgraceful way she handled this entire case. From the get go, Ms.Sherman's concern was only for the criminal, never for the victim.

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Brad said on Friday, Oct 19 at 7:27 PM

Not to be a pig or nothing but its because of her sex. Look up the stats of the sentencing. Men got hit with No less than one year in jail for such thoughtless actions. Time to even the playing field. And the judge feels the same way!

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Alaskan Girl said on Friday, Oct 19 at 9:45 PM

I had to read the story over twice to make sure I had the information right the first time. I couldn't believe the state prosecutor's office was fighting for the rights of the defendent instead of justice for the victim and his family. Unbelievable. I am thankful that the judge had the decency to stand up for justice for the victim who lost his life because the denfendent was more interested in texting instead of driving. She obviously knew she hit someone. I'm not sure how Christina Sherman justifies her recommendations, but Hubert Tunuchuck was still a human being who lost his life. Yes it was wrong for Ashley Bashore to be texting instead of driving and accidently hit someone, but her crime was that she did not stop to offer any aide to her victim - a crime punishable to the fullest extent.

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TedtheBear said on Friday, Oct 19 at 9:55 PM

If anyone take a close look at how she was dressed, it look like she was ready to party after the court hearing.

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cooljulie said on Friday, Oct 19 at 10:07 PM

Even IF she had stopped, and IF she had rendered assistance, she still would be guilty of killing him, and deserve jail time. The facts are that she didn't stop, tried to cover up her crime of killing him, lied to everybody, and expressed no remorse. I say give her the maximum on ALL possible charges, which is still probably only 5 years, and how much is that compared to his lost lifetime? This is insanity, and maybe Christina Sherman needs to do some time behind bars for blatant disregard for the family!

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Robo said on Saturday, Oct 20 at 7:40 AM

Question....how many people are sitting in jail because they will not take a plea deal? I know of one person that has been held for over a year, and still has not trial date! The system is broken, either the prosecution has no evidence to win conviction or are too stupid to win at trial...you decide. Justice for every Alaskan, not just the rich.

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TedtheBear said on Saturday, Oct 20 at 9:20 AM

Proper charge for Ms Bahsore is manslaughter. Not criminally negligent homicide. Death caused by an accident due to careless of the driver is criminally negligent homicide. Death caused by total disregard for human life is manslaugher. The DA office apparent concern for the defendant is so overwhelming. Is it because the victim is an out-of-town native man? I wonder how the DA office would handle this case if the victim was young blond man from a well known family of Anchorage??

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TedtheBear said on Tuesday, Oct 23 at 8:05 AM

PS: It is ironic that DA office would make this sort of deal that discount the life of Herbert Tunuchuk when AFN is in town!!

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CBESS said on Tuesday, Oct 23 at 9:48 AM

This is why our prisons are crowded. Ridiculous.

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TedtheBear said on Tuesday, Oct 23 at 5:29 PM

Better to be crowded with criminals inside prison then set loose on the streets of Anchorage where anyone of us could be the next Herbert Tunuchuk lying on the streets.

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Trish said on Friday, Oct 26 at 12:27 PM

Great Job Judge Smith!!! I couldn't agree more. Seriously Brad, you are stating its gender motivated??? Umm, aren't women usually granted more lenient sentences for crimes? Has nothing to do with that, she continued to text after she hit the man, then she tried to stay as far away from accountability as possible. I can't stand your kind of 'pass the buck' 'puke out no logic' 'run your mouth' type of idiots out there simply wasting oxygen.

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Anonymous said on Tuesday, Jan 22 at 3:01 AM

Ashley came into the store I work at a couple days ago to buy shoes for court. Her mom advised her to buy the most uncomfortable ones and to even go a size smaller so it causes pain and makes her look hurt when she goes to court. Too bad the mother can't be charged with being as heartless as the girl.

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Al-Hajj Frederick H Minshall said on Thursday, Jan 24 at 3:55 AM

This is just another over-priveleged, melanistically challenged DITZ who thinks her social status should allow her to get away with muder--well, at least manslaughter. And if you don't think that her initial alibi of "hitting a mangy Rotweiler with no collar" doesn't indicate what she thinks about Alaska Natives, I've got some beachfront property in Baghdad you'll just love...

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