Drunk Driving Victim Says System Failed her

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KANSAS CITY, Mo. --  Alexandria Brewer, 21, pleaded guilty to a drunk driving assault -- but it may never show up on her record.

Jackson County prosecutors say the Leawood woman nearly killed 23-year-old Samantha Tomacelli in Westport last year. Tomacelli said Brewer's punishment is far too lenient.

Prosecutors sought four years of prison time at sentencing on Thursday. Instead the judge gave Brewer five years probation.

"The state's obviously disappointed, that's not what we wanted," said Assistant Jackson County Prosecutor Brady Twenter.

Kansas City, Mo., police said it was February 2011, when Tomacelli was standing outside the Riot Room Bar in Westport. Brewer, who had a blood alcohol level more than twice the legal limit, hit a parked car so hard, the car jumped the curb and slammed into Tomacelli. Tomacelli was in coma for four days and suffered more skull fractures than doctors had ever seen in someone who lived.

Brewer had a prior conviction for alcohol possession and eventually pleaded guilty to a second degree assault of driving a vehicle while intoxicated.

"How is this ever going to stop if they just hand out probation to these people?" asked Tomacelli who suffered lasting brain injuries. She's now the mother of a 3-month old baby girl, born one year after she was nearly killed. Tomacelli says unlike Brewer, she can no longer hold a job or go to school. "I don't get to go to college," she said. "I don't get to go to work because of what she did to me."

Brewer may have avoided prison time but she's still facing a civil suit. Tomacelli is suing Brewer and the two bars that served the underage woman that night. Tomacelli says she would trade all the money in the world for a sincere apology from Brewer.

In addition to probation, the judge also imposed an S-I-S, a suspended imposition of sentence.

"If the question is, "Have you ever been convicted of a felony?" she can honestly answer no," Twenter said. "If the question is, "Have you ever pleaded guilty to a felony?" on a job application, that answer is 'yes.'"

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