By Katy Sweeny
The Oroville Mercury Register
OROVILLE, Calif. — Family of the firefighter who died in the passenger seat when his best friend crashed into a power pole driving drunk, asked a Butte County judge not to imprison the driver.
Judge Steven Howell read two letters about defendant Zachary Johnston of Oroville out loud Thursday to the courtroom. The first was from Capt. Jeremy Bryson’s mother, Kim, who cried in the back of the courtroom.
“I would beg the court to please have mercy on Zach, upon sentencing,” the mother wrote. “He is already living with the worst possible punishment. That is to live each day knowing he chose to drive while drinking, which resulted in the loss of his best friend.”
Howell granted probation and referred Johnston to High Intensity DUI Enforcement court, where he will be stringently supervised during Butte County Superior Court probation. Johnston, 25, had been facing 10 years in prison.
“I find these (letters) are very persuasive and probation ought to be granted,” Howell said.
The judge said if Johnston doesn’t follow HIDE court orders, he will return to his courtroom for sentencing.
On April 17, Johnston was driving drunk on Oro Quincy Highway near Olive Highway when he tried to pass a car, veered, hit a curb, flipped and crashed into a power pole. Bryson, 25, of Oroville,died from his injuries. He was a captain with the El Medio Fire District
Johnston had a blood alcohol level of 0.17 percent, more than twice the legal limit of 0.08 percent.
Deputy district attorney Glenn Jennings argued for the same sentence recommended by the Probation Department of six years in prison.
When Johnston and Bryson left a casino the morning of the crash, another person refused to get in the car with the defendant, Jennings said.
“That should have been a warning,” Jennings said. “Despite that warning, he drove off.”
Jennings thinks there are too many recent cases of drunken driving causing death in Butte County, he said.
“I think a message needs to be sent they’re going to be dealt with harshly,” he said.
Defense attorney Anthony Cardoza said he thinks Johnston could send a better message to the community by speaking at high schools, as he has done, trying to stop young people from driving drunk.
Cardoza said his client has completed a rehab treatment program, continues to go to 12-step meetings and plans to speak at Every 15 Minutes in the county, a program at high schools to deter students from drunken driving.
“He has to live with what he did for the rest of his life,” Cardoza said.
Outside the courthouse, the defendant declined to comment.
Johnston will appear in HIDE court March 30. He remains out of custody.
El Medio Fire Chief Rusty Ohlhausen said Bryson’s family asked the department to support Johnston and they do, but not what he did.
Ohlhausen described Bryson as an extraordinary young man who cannot be replaced.
His fellow firefighters miss him and use his equipment radio and ax though seeing some reminders bring tears to their eyes, Ohlhausen said.
“To me it’s like losing one of my children,” he said.
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