Driver sentenced to 20 years in Jami Sherman's death

By Ethan Smith

Leader Staff

The driver accused of hitting and killing Jami Sherman was sentenced to 20 years in prison Tuesday morning, as part of a plea agreement as a persistent felony offender, although he will eventually be eligible for parole.

Edward Ness apologized to Sherman's family, who was gathered in the courtroom, ready to move forward with their lives after having his sentencing postponed several times over the past two months. Ness entered an Alford plea May 1 to felony tampering with evidence charges, in which he essentially acknowledged there was enough evidence to convict him without acknowledging guilt.

The tampering with evidence charge was the only felony Ness faced after hitting Sherman on Leighton Road outside of Ronan early in the morning of July 1, 2006, and was based on the fact that he fixed a turn signal on his Toyota car in order to cover up the crime.

Just what happened that night is subject to debate, and was never resolved because Ness's case never went to trial. His attorneys argued in court Tuesday that they doubt Ness killed Sherman, saying she was intoxicated and had run off the road that night, and that her body was in the road when he ran over it.

Investigators do know that Sherman's truck was found stuck in the mud on the side of the road, and suspect that Ness struck and killed her as she walked along the road, and then left the scene. County attorney Mitch Young was prepared to call detective and coroner Dan Yonkin to the stand Tuesday to testify to that, but both sides ultimately agreed to the terms of the plea deal, leaving the question of exactly how Sherman died unresolved.

The only thing the two sides argued about Tuesday was the issue of restitution, with Ness's attorneys saying that since it was never proven he was responsible for her death, he shouldn't have to pay funeral expenses. But Young argued that Ness was directly responsible, and should be held accountable, even though the case never went to trial.

"He wasn't charged with any criminal offenses related to that death, but he was the person responsible," Young said.

What is known is that Ness and two other passengers knew they had hit something that night, but left the scene, leaving Sherman's body in the middle of the road. Whether immediate medical treatment could have saved her is debatable, but the Sherman family was outraged when they found out Montana is only one of several states where leaving the scene of an accident is only a misdemeanor, even if a death is involved.

However, legislation introduced by Sen. John Brueggeman and Rep. Janna Taylor provided for stiffer penalties for leaving the scene and failure to report accidents with serious bodily injury or death, although that legislation, passed earlier this year, could not be applied retroactively. Similar legislation to provide stiffer penalties for passengers who don't come forward, introduced by Rep. Rick Jore, failed after it was attached to a larger, budget-oriented bill.

Thus, the investigators' case hinged on the felony tampering charge, and Ness, who had two prior felony convictions, was sentenced as a persistent felony offender.

He apologized to the Sherman family in a barely audible voice, as he faced Judge Christopher after she asked him if he had anything to say. He said, having daughters himself, he has some idea of the pain the Shermans are going through.

"I can understand the pain," he said, asking the judge to give his sympathies to the family.

But the Sherman family said afterward they didn't feel he was sincere.

"The only bad thing about the sentencing is that we didn't feel he was sincere. You just don't run over someone and then not put on the brakes and not stop and call for help," Russ Sherman, Jami's father, said. "If you do that, you just aren't sorry. The only thing he's sorry about is that he got caught."

Ness will receive credit for time served, which has been about 11 months after investigators caught up with him last summer, following a Crimestoppers tip that led to his arrest. His wife, Krista Orr, was sentenced to two years with the Dept. of Corrections for her role in helping to wash his car and repair the damage, although she was not with him at the time the accident occurred.

Ness will have to pay restitution, including funeral expenses, Christopher said, but the plea agreement will mean he's eligible for parole. Ness was remanded to the custody of the Sheriff's office, and will be turned over to Dept. of Corrections.

"At least we know he has got to work his way out. He'll be going away for a while, and with his history of probation violations, if he gets out, he'll probably be back in before too long," Russ Sherman said.

He said the family got some closure, and he credited Sheriff Lucky Larson and his staff for their investigation. He also was grateful for the new laws, saying some good did come of Jami's death.

For now, the Sherman family will turn their attention to Jami's sister, Josie, who has a wedding planned for July 7. The family had hoped to have Jami's case resolved before then, so they could turn their attention to happier times, including a new life for Josie and her future husband, Thomas Brosam.

"Josie's wedding is what we are focusing on," Russ Sherman said. "Everything is on the upswing now, and we're looking forward to July 7."