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Zigan gets 15 years

by Cameron Probert Herald Staff Writer
| October 15, 2010 1:00 PM

EPHRATA - Grant County Superior Court Judge John Antosz sentenced Ronald Zigan to 15 years in prison for killing Soap Lake businesswoman Mid Kreider in 2009.

Zigan, 31, pleaded guilty to vehicular homicide in April for his part in the July 2009 death of Mid Kreider. Prosecutors pushed for an exceptional sentence for the man, proving lack of remorse and rapid recidivism, two aggravating circumstances.

Prosecutor Angus Lee argued for a 25-year sentence, asking for more than twice the 11.65-year maximum of the sentencing range.

"We're here today because a woman lost her life, but more so than that, we're here today because of the fact Mr. Zigan committed this offense shortly after being released from incarceration and after he did that he displayed truly egregious behavior."

Lee pointed out the law doesn't provide a "bright line" about what type of behaviors qualify for an exceptional sentence, saying it relies on the court to judge.

"When we had this trial, the court, when it pronounced its findings, said there were two different standards," Lee said. "The standard for finding rapid recidivism as a factor in the trial and then whether it's rapid enough for a substantial, compelling justification."

Lee pointed out Zigan was in community custody after being sentenced for possession with the intent to manufacture or deliver methamphetamine, when he violated the terms of his release. The Washington state Department of Corrections put him in jail for 30 days for the violation.

"He served that time and he got out of jail on May 12," Lee said. "Then what did he do? On June 9, he comes up positive on a (urine analysis) for THC and meth and on July 19, just slightly two months after getting out of jail for an alcohol offense. He decides. He makes a decision. He consciously decides to violate the terms of his DOC supervision. He decides to drink."

Zigan admitted to officers he drank six or seven beers before he started driving southbound on state Route 17. His SUV left the lane, hitting Kreider and killing her, according to the Washington State Patrol report.

Lee continued, saying Zigan's behavior after the accident showed an egregious lack of remorse.

"When I read the reports in this case, Your Honor, I read a line that shocked me. I couldn't believe it," he said. "The defendant went to the victim's husband at the scene of the homicide, a gruesome homicide, and yelled, 'Are you ready to bleed?'"

Lee hadn't seen a defendant say something like that, he said.

Washington State Patrol Detective Dan Dale echoed Lee, saying the behavior was not typical for a vehicular homicide scene.

Kreider's daughter, Shawna Ginter, said Zigan killed a 50-year-old fighter, who had survived a daughter being murdered and an abusive husband and worked seven days a week at her espresso stand.

"She was a race car driver. She changed her own oil. She changed her own tires, and she's gone now," Ginter said. "She was finally to the point in her life where she got to sit back and enjoy life with my dad."

She asked the court to set an example with Zigan, saying the crime has affected her family.

"I had to explain to my son, who was 4 years old at the time, that Heaven doesn't have a phone number," she said. "That his grandma was gone and gone for good ... (Kreider's husband) lost everything. He lost his job. He lost his wife. He lost his way of living."

Zigan's attorney, John Doherty, said Zigan's actions weren't good, but they didn't warrant an exceptional sentence.

"Mr. Zigan is facing, basically, 12 years in prison," he said. "While his actions were not good, they did not necessarily make this a worse case than it otherwise was going to be. He made some bad decisions obviously."

Doherty said the reason for the sentencing range was to enforce common punishments for similar crimes, pointing out several cases where people received lesser sentences than 12 years.

"One is a case from Seattle, where a driver was driving down the road, came across a pedestrian, got into somewhat of an argument. The pedestrian was with his wife and a friend," he said. "The driver intentionally hit the pedestrian, dragged him down the road and he died in front of his wife and friend. He was intoxicated and blew a 0.13. He was sentenced to four years in prison."

The attorney listed other cases, including an intoxicated Spokane man with a previous DUI conviction, who hit an elderly woman, killing her and was sentenced to three years in prison.

"I'm sure you recall the case from Whitman County. A Washington State University student was charged with three counts of vehicular homicide and three counts of vehicular assault, fled to Ireland ... was gone for four years," Doherty said. "He was found guilty of all counts ... He was sentenced to 14 years."

Doherty said a lot of people don't agree with the standard sentencing range, but it's what the Legislature decided.

"I would also like to point out (Zigan) pled guilty in this case," he said. "He did not want to take this case to trial. He did not want to put the victims through anything more than they had to go through and, in fact, the state actually put through them more than by putting him on trial for aggravating circumstances."

Zigan apologized for committing the crime, saying he keeps a picture of her between pictures of his children and prays for them.