Cousin gets jail for giving driver alcohol

An Ogilvie, Minn., woman was sentenced to 90 days in jail for providing alcohol to the underage driver in a fatal crash.

By PAT PHEIFER, Star Tribune
June 17, 2009

Tonya Rae Swanson wasn't in the car that rear-ended another vehicle at an intersection in Blaine, killing Bradley F. Lyver, 29, the night of Sept. 28. But she provided alcohol for the 19-year-old driver, who was drunk and behind the wheel.

In a victim-impact statement read at Swanson's sentencing hearing Wednesday in Ramsey County District Court, the victim's father, Paul Lyver, said Swanson has shown no remorse and, at least initially, refused to accept responsibility for her part in his son's death.

"We no longer have the son whom we adored, the children no longer have their father," said the statement read by Ana Allen, a certified student attorney representing the county attorney's office.

Swanson, 31, of Ogilvie, Minn., pleaded guilty April 23 to providing alcohol to an underage person resulting in death. District Judge Kathleen Gearin abided by the plea agreement and sentenced her to 90 days in jail and up to five years on probation.

A co-defendant, Daniel Lagace, 31, of New Brighton, pleaded guilty to the same charge and is to be sentenced July 27 by District Judge Edward Wilson. He also provided alcohol to Jennifer Swanson, Tonya Swanson's cousin.

Jennifer Swanson, also of Ogilvie, pleaded guilty April 6 in Anoka County District Court to two counts of criminal vehicular homicide and is scheduled to be sentenced next Thursday by District Judge Lawrence Johnson.

According to the charges, said the female cousins met Lagace and his friend, Joseph Hammack, 18, on the Live Links telephone chat line. The women drove 53 miles from their home to Lagace's home, drinking grape-flavored wine coolers along the way. Jennifer Swanson later told police she drank eight or nine of the wine coolers bought by Tonya Swanson.

When they reached Lagace's home, Jennifer Swanson drove Lagace to the liquor store to buy a bottle of liquor. Lagace, Hammack and Jennifer Swanson drank about three-quarters of the bottle, Tonya Swanson told police.

An argument ensued after Jennifer Swanson and Lagace had sex, and she then began "making out" with Hammack, the criminal complaint said. Jennifer Swanson "went storming to her vehicle but left her glasses behind," the complaint said.

At the intersection of Hwy. 65 and 93rd Lane NE., Jennifer Swanson rear-ended a car stopped at a red light. Lyver was a passenger in that car. The GPS system in Swanson's car said her top speed was 111 miles per hour, but it was unknown how fast she was going at the time of the crash.

Tonya Swanson sobbed as she stood beside her attorney, Christopher Zipko, at the sentencing hearing. The judge ordered her to turn herself in on July 6.

Article obtained from: http://www.startribune.com/local/north/48298512.html?page=2&c=y