Janice Nicolich Explained

Janice Winblad Nicolich
Birth Name:Janice Ann Winblad
Birth Date:9 August 1935
Birth Place:Astoria, New York, U.S.
Death Place:Sidney, Nebraska, U.S.
Occupation:Housewife
Spouse:Joseph Anthony Nicolich
Parents:Anthony LeRoy Winblad (1912–1970)
Maria W. Zorovich (1912–1993)

Janice Winblad Nicolich (August 9, 1935 – June 28, 1996) was an American woman who was killed in a car accident by a drunk driver.[1] [2] During the trial Nicolich's daughter wrote that she had forgiven the drunk driver and urged that the court do likewise. The subsequent court case led to a Nebraska Supreme Court decision on the issue of leniency in drunk driving deaths.[3] The story was part of an The Oprah Winfrey Show and the book The Road To Forgiveness: Hearts Shattered by Tragedy, Transformed by Love.[4] [5]

Birth and marriage

Janice Ann Winblad was born on August 9, 1935, in Astoria, New York, to Anthony LeRoy Winblad (1912–1970) and Maria W. Zorovich (1912–1993). Janice Winblad married Joseph Anthony Nicolich on May 15, 1954, in Astoria.[4] She was Roman Catholic for most of her adult life and raised her children Catholic. Sometime in the late 1980s or early 1990s she became a member of the Bethlehem Assemblies of God Church in Valley Stream, New York.

Drive to Salt Lake City

Joseph and Janice Nicolich were on their way to their son's wedding in Salt Lake City, Utah, on June 28, 1996. They were on Interstate 80, near Sidney, Nebraska, in their Chrysler Town & Country van. Joe was driving, his wife was in the passenger seat, and their granddaughter, Robyn Griffiths (1985–1996), was in the rear seat. It was raining and Joe saw a car stationary at the side of the road with its flashers on. He was pulling onto the shoulder and slowed down to approximately when he was hit from behind.[4] [6] Robyn Griffiths and Janice Winblad Nicolich were killed.

Sentence

The trial court sentenced Verma Harrison, the drunk driver, to five years' probation on each count. The sentences were to be served consecutively. The conditions of probation subjected Harrison to random drug and alcohol testing, home visitations, and a treatment referral.[4] [7] The light sentence was appealed by Joe Nicolich and was heard by the Nebraska State Court of Appeals, which found the sentence to be excessively lenient.[8] On January 22, 1999, the Nebraska Supreme Court upheld the original sentencing.[3]

Legacy

Nicolich's story was featured on The Oprah Winfrey Show in 1998[6] and in The Road To Forgiveness: Hearts Shattered by Tragedy, Transformed by Love, published in 2001.[4]

Notes and References

  1. News: MADD's Vigil Remembers Victims . https://archive.today/20130131161917/http://pqasb.pqarchiver.com/newsday/access/23495359.html?dids=23495359:23495359&FMT=ABS&FMTS=ABS:FT&type=current&date=Dec+08,+1997&author=By+Blanca+Monica+Quintanilla.+STAFF+WRITER&pub=Newsday+(Combined+editions)&desc=MADD's+Vigil+Remembers+Victims&pqatl=google . dead . January 31, 2013 . . December 8, 1997 . 2011-01-05 .
  2. Web site: Bill and Cindy Griffiths: The Road to Forgiveness . 2008-05-25. . https://web.archive.org/web/20031003001511/http://www.hourofpower.org/interviews/griffiths.html . 2003-10-03.
  3. Web site: Nebraska Supreme Court S-97-1152 . 2007-08-26 . The appellee, Verma J. Harrison, was convicted of two counts of motor vehicle homicide and sentenced to consecutive terms of probation by the district court. The Nebraska Court of Appeals reversed Harrison's sentences as excessively lenient, pursuant to Neb. Rev. Stat. § 29-2322 (Reissue 1995), and imposed consecutive sentences of imprisonment. State v. Harrison, 7 Neb. App. 350, 583 N.W.2d 62 (1998). We reverse the judgment of the Court of Appeals, concluding that the trial court did not abuse its discretion in imposing probation. ... . .
  4. Book: William Garonwy Griffiths and Cynthia Ann Nicolich . The Road To Forgiveness: Hearts Shattered by Tragedy, Transformed by Love . 2001 . Thomas Nelson. 0-7852-6691-7 .
  5. News: Stories of Forgiveness: Cindy Griffiths & Verma Harvey . . October 1998 . 2007-08-21 . https://web.archive.org/web/20070927194802/http://www.oprah.com/tows/slide/20020422/tows_slide_20020422_05.jhtml . 2007-09-27.
  6. News: Forgiveness . . October 1998 . 2007-08-21 . https://web.archive.org/web/20070930182618/http://www.oprah.com/rys/journeys/1999/rys_journeys_19990531.jhtml . 2007-09-30.
  7. News: DWI Convict Keeps Her Freedom . . January 24, 1999 . 2011-01-05 . 2012-11-05 . https://web.archive.org/web/20121105012605/http://pqasb.pqarchiver.com/newsday/access/38568868.html?dids=38568868:38568868&FMT=ABS&FMTS=ABS:FT&type=current&date=Jan+24,+1999&author=Carol+Eisenberg.+STAFF+WRITER&pub=Newsday+(Combined+editions)&desc=DWI+Convict+Keeps+Her+Freedom&pqatl=google . dead .
  8. Web site: Nebraska State Court of Appeals A-97-1152. Nebraska State Court of Appeals. 2007-08-26. The State brings this appeal to this court pursuant to Neb. Rev. Stat. § 29-2320 (Reissue 1995). The State claims that the two sentences of consecutive 5-year probations imposed by the district court for Cheyenne County on Verma J. Harrison as a result of her convictions for two counts of motor vehicle homicide in connection with an accident following a night of drinking is excessively lenient. For the reasons recited below, we conclude that the sentences are excessively lenient, vacate the sentences, and remand the cause for imposition of two sentences of 30 months' to 5 years' incarceration to be served consecutively, pursuant to Neb. Rev. Stat. § 29-2323(l)(a) (Reissue 1995)..

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