A Riley man found guilty of second-degree murder will spend 205 months in prison following the aftermath of a drunk driving accident that took the life of his 6-year-old daughter.
Riley County District Court Chief Judge Meryl Wilson sentenced Joshua Mall Monday afternoon.
Mall’s daughter, Madilyn, was a passenger in his vehicle after he lost control and collided with a tree on the evening of Oct. 5, 2015, in Manhattan. She died at the scene.
Mall, 39, was allegedly driving with a blood alcohol content of 0.13 when the accident took place near the 2400 block of Tuttle Creek Blvd.
In May, former judge David Stutzman sided with the state in admitting Mall’s past conviction of vehicular homicide. In 2001, Mall pleaded guilty to that charge in Larimer County, Colo. As a part of his plea agreement in that case, prosecutors dropped two counts of driving under the influence.
Mall’s defense argued Monday language in Colorado and Kansas DUI laws were not compatible to each other for sentencing, but Wilson disagreed.
Before Wilson issued his sentence, Mall’s mother and Madilyn’s mother spoke, tearfully telling Wilson he’s needed at home and that the loss of his daughter has resulted in a personal prison for him.
Both were asked to be sworn in.
Mall, who was just as emotional, apologized when it was his turn to speak.
“My family means the world to me,” he said. “This tragedy will be with me for the rest of my life, and more.
“I hate myself everyday in letting (Madilyn) down. I apologize to everyone who loved her. I’m sorry.”
Wilson told Mall the consequences of drinking and driving are clear.
“The concept may have been vague to you, Mr. Mall,” he said. “It shouldn’t have been.”
Mall was handcuffed and taken into custody following the court’s adjournment.
