Justin Matthew Birdwell was sentenced to the Indiana Department of Corrections for a period of ten (10) years on Monday, December 19, 2016, pursuant to a plea agreement.  Birdwell pled guilty as charged to a count of Causing Death When Operating a Motor Vehicle While Intoxicated, with a Prior Conviction, a Level 4 Felony.  The facts supporting this conviction are that on April 23, 2016, Birdwell caused the death of James Stan Ensor, while operating a motor vehicle while intoxicated, and Birdwell had a previous conviction for operating while intoxicated within five (5) years – that being a conviction out of Vanderburgh County on March 5, 2013.  Mr. Ensor was a passenger of a vehicle which was either slowing down or stopped because of a construction zone on Interstate 64, and whose vehicle was struck in the rear by the defendant’s vehicle.  There had been reports of the defendant’s erratic driving from individuals travelling from Louisville on this day.  The maximum sentence Mr. Birdwell could have received on this count is twelve (12) years.

This was an incident that affected an entire community, as Mr. Ensor was both well-known and well-loved within the Boonville community.  There are many factors that are included in the decision as to whether to proceed to trial or to offer a plea agreement.  Certainly, first and foremost, any such decision is discussed at length with any and all victims of any crime.  While the decision ultimately resides within the authority of the Prosecutor, the rights and wishes of victims and/or their families are given the proper amount of deference.  There is a balancing of interests that then must be undertaken – that is – the necessity to effectuate the ends of justice, the preservation of the continued safety and well-being of a community as a whole, and ultimately, the proper punishment of someone who has chosen to disregard the law and for their consequences resulting from their actions.

The Warrick County Prosecutor’s Office is well aware of the dangers of drivers who fail to realize that operating a motor vehicle is a privilege and not a right, and that by operating vehicles under the influence of any type of intoxicant, however slight, poses a significant risk of danger to the rest of us who use our privilege appropriately.  We, as an office, and as a representative of our community, are weary of the tragic effects of this most avoidable of all criminal offenses – and have shed too many tears with our fellow citizens in light of recent tragedies.  Unless and until our legislators address the issue that a Level 4 or Level 5 felony are the highest levels to which one could be held accountable for these types of incidents, Prosecutors are limited as to how best to proceed for punishment of offenders and protection of the innocent.  Most importantly, however, without harsher potential punishment for those who take another’s life through their selfish decision to get behind the wheel of a vehicle while intoxicated, we will unfortunately be faced with future tragedies and additional mourning for all of those affected by these tragedies.