Plea calls for hit-and-run driver to serve 20 years

Edward Ness, the man who struck and killed a Ronan woman with his vehicle, entered an Alford plea this week in district court and could face up to 20 years in prison.

Ness was charged with tampering with physical evidence, a felony, after he washed and made repairs to his Toyota Corolla shortly after hitting a pedestrian on Leighton Road west of Ronan. Jami Sherman, 25, was killed in the early morning hours of July 1, 2006, after walking along the roadside when Ness struck her.

He did not notify authorities.

The defendant entered an Alford plea Monday morning, which is not an admission of guilt, but admits that there is sufficient evidence to find him guilty.

He told his wife, Krista Orr, what had happened and they cleaned the vehicle of any evidence and replaced a shattered turn signal lens. Last year, Orr was sentenced to two years with the Department of Corrections for her role in the cover-up.

Ness was not charged with negligent vehicular homicide because law enforcement officials investigating the case could not prove he was under the influence of drugs or alcohol at the time the accident took place.

After it became public that Ness left the scene without notifying authorities, many people in the community became outraged to find out that he could only be charged with a misdemeanor for leaving the scene, even though Sherman died. Rep. Rick Jore and Sen. John Brueggeman introduced legislation to make stiffer penalties for those who don’t report accidents in which a vehicle death occurs.

The Sherman family was disheartened to find out that Ness would face felony charges for evidence tampering, but not for hitting and killing Jami.

Montana is one of only several states nationwide in which it’s not a felony offense to leave the scene of an accident where a death has occurred.

A plea agreement calls for Ness to serve 20 years in Montana State Prison as a persistent felony offender. He had two prior convictions of felony theft.

Sherman’s mother Joan is relieved that she and her family will not have sit through a trial.

“I knew it was going to be very emotional,” she said. “It’s one less thing to have to deal with.”

Sentencing is set for May 31.