Victim's family fights Wesley's prison sentence, wants stricter penalties

By Kelly McCarthy

January 22, 2014 Updated Jan 23, 2014 at 12:04 PM EDT

Binghamton, NY (WBNG Binghamton) A Binghamton woman's sentencing day comes from a drunk driving crash that killed three people in 2011. Jaclyn Wesley will serve three to nine years in state prison.

One victim's family will not rest with this sentence.

Wesley, 25, was driving an SUV on I-88 when it went into Chenango River in the Town of Fenton.

45-year-old Robert Marshall, 39-year-old Carri Michalski, and 25-year-old Robert Moorehead died.

The Moorehead family went to Broome County Court on Wednesday wearing their T-shirts that say, "In loving memory of Robert S. Moorehead "Cowboy."

The same shirts they wore everyday during the trial of Wesley.

"It's been two years, eight months, and two days and that pain is right here," said Karen Moorehead. "He was our cowboy and we'll fight till the end for everything."

A Broome County judge found Wesley guilty of three counts of vehicular manslaughter back in September.

"I would have really liked to see her get at least 15 years," Karen Moorehead said, "She took three people's lives and it's just not fair to the parents, family members, the pain that she's caused all of us and all the families. It's just not fair."

Before Wesley was sentence she told the judge she can't take back what happened. She was crying and said she was sorry.

The Moorehead family shared a written letter the judge describing just some of the pain and suffering caused by Wesley's actions.

"We sat down and wrote for a couple of weeks what we really wanted to say to make the judge understand our loss," said Holly Moorehead, "Our loss was significant and it doesn't seem like she ever showed and remorse for it."

The Mooreheads said their journey for justice is far from over. They want to see a stricter penalty for vehicular manslaughter in New York State.

"And somehow we will fight," Karen Moorehead said, "We're gonna get this law changed here in New York."

Family members say it's already too late for them to see a stricter penalty for Wesley, but hopes it could help other families of victim's in the future.

"They're very lax on the law, I mean 5-15 years, really what is that?" Holly Moorehead said, "That's nothing compared to the loss of a lifetime."

The Moorehead family has a meeting with Assemblyman Clifford Crouch this Friday to talk about taking steps to change the penal law.

Wesley's lawyer filed a notice to appeal in court on Wednesday. Ben Bergman said he is trying to have Wesley be released from jail until her appeal goes through.

That court appearance is scheduled for Jan. 31.