Dean Carlson, DUI driver, asked for sentence reduction shortly after victim died

Categories: Crime

Big photos below.
Last July, Dean Carlson was arrested after driving the wrong way on a road near Boulder and causing a crash that left Daniel Mays, 28, gravely injured.

Carlson registered nearly triple the legal limit for driving drunk; his record included three prior DUIs.

Mays was in a coma for most of a year before passing away. Soon thereafter, Carlson, who dodged a vehicular homicide conviction because of Mays's will to live, asked for his sentence to be reduced. Really.

Just before 4 a.m. on July 21, 2012, according to the Boulder Daily Camera, Mays was picked up from his job at the IBM campus by his girlfriend, Sean Balog, 23. The pair, accompanied by Daniel's dog, Jelly, were in a black Toyota Yaris, heading south toward Westminster on the Diagonal Highway, when they were struck by Carlson, behind the wheel of a rented Chevy.

Thumbnail image for daniel.mays.jelly.jpeg
Daniel Mays, with his dog, Jelly.
As noted in a now-expired fundraiser for Mays, Balog came away from the collision with relatively minor injuries, and Jelly emerged unscathed. But Mays "suffered a very severe traumatic injury to his brain stem area, along with multiple facial and skull fractures," the post notes.

Carlson sustained some damage as well, as is clear from the mug shot above; a larger version is on view below. Then again, sympathy for his wounds was likely muted by his score on a blood-alcohol-content test: .221, nearly three times more than the .08 standard for intoxication.

He'd made similar mistakes in the past. The Camera reports that he was first convicted of DUI in New York circa 1992, with two more beefs in Texas -- the first in 2005, the second in 2010. He had just gotten his driving privileges back following the most recent of these acts when he ran into Mays and Balog.

Robin Konkle speaking to CBS4.
The fundraising site describes Daniel like so: "Daniel Mays is a very talented artist. He had been attending Rocky Mountain College of Art + Design but had to take a break before his last semester to save money for school. He was working a full-time job and trying to save money to finish his education when this tragic accident occurred."

Tragic indeed. In the immediate wake of the accident, he seemed to be making small improvements, even managing to breathe without the assistance of a respirator for small amounts of time. And he enjoyed plenty of support from his loved ones -- especially his mom, Robin Konkle, who expressed optimism that Mays would recover during an August interview with CBS4 that we've included with this post.

But a few months ago, Mays died as a result of his injuries.

Had Mays passed away immediately after the crash, Carlson would almost certainly have faced a vehicular homicide charge. In that sense, he caught a break -- although he apparently would prefer a bigger one.

Continue for more about Dean Carlson and Daniel Mays, including photos and a video.

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DonkeyHotay topcommenter

 *** Court Upholds Murder Charge if Death Follows a Lesser Plea ***

Upholding a major exception to New York State's double jeopardy law, the state's highest court ruled today that a person who has pleaded guilty to attempted murder may be charged with murder if the victim later dies.

The 5-to-0 decision by the State Court of Appeals clarifies what has become known as the "delayed death" exception. The law normally prevents multiple prosecutions for a single offense, a situation known as double jeopardy. Though such cases are rare, the exception was considered important to prosecutors who must press ahead with cases involving assault or attempted murder even as the life of the victim hangs in the balance.

"In an era where medical advances can prolong the life of a critically injured victim, a prosecution must proceed on the basis of the victim's present condition," wrote Chief Judge Judith S. Kaye. "Where death follows, however, it is also in society's interest that a homicide be redressed."

The District Attorney who handled the case said that if the court had ruled differently, prosecutors might have felt compelled to slow down cases involving seriously injured victims while waiting to see whether they would die.


Pam Stiffler
Pam Stiffler

Stainless steel balls on the rat bastard


i wish nothing but a miserable life for him. 


A sentence reduction (C.R.S. 35b), MUST be filed w/i 180 days of sentencing . Not heard but 'filed' . This is standard procedure . Roberts,  this is simple law . Isn't there anything else to scare people ?

Danny Ferguson
Danny Ferguson

Lock him up and throw away the key... too many chances... too little brains.


Take this guy, Dunlap, Holmes, and Sigg and line em up against a f'n wall.

Sara Conrad
Sara Conrad

ahhh, poor baby wants his sentence reduced... Dude... not going to happen.

DonkeyHotay topcommenter

@Sara Conrad ... says evil Mistress Sara

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