Sperber sentenced in fatal hit-and-run crash

GREEN BAY - A Door County man has learned his punishment for a fatal hit-and-run crash in Green Bay.

A shackled Mark Sperber, 40, wearing a blue, county-issued jail uniform, walked into Brown County Court for possibly the last time.

Sperber was sentenced to 10 years in prison and 10 years extended supervision by Judge Marc Hammer Thursday afternoon.

Sperber was convicted in November of hitting John Kennedy with his truck and then driving away.

Authorities say in January, 2011, Sperber was driving on Velp Ave. and struck the wheelchair-bound Kennedy.
Police say Sperber told them he thought he hit a garbage can.

Police say when they questioned Sperber, he admitted to drinking two double scotches before the crash. Officials say he initially denied having any drinks.

After the hearing, Kennedy’s mother Colleen told FOX 11, while the sentencing does help close a painful door that was opened just over a year ago, it will never be shut.

“There’s never an ending,” said Colleen Kennedy, clutching a framed picture of her son John. “John will never be here with us again, unfortunately. And, I guess, in that there’s no justice…There’s nothing that will bring John back.”

Sperber’s lawyer and family declined to comment.

During the hearing, John Kennedy's father, Jeff, walked to the witness stand with a framed picture of John under his arm. He placed the picture on a ledge behind the stand, with John's face looking out into the court gallery.

"This is the toughest speech I've ever given," said Kennedy.

Kennedy spoke about John's drive to succeed after a 2009 car accident left John without the use of his legs.

"Quite truthfully, if Mr. Sperber had stopped and helped John [after the accident] [my wife] Colleen and I would be asking for leniency,” said Kennedy, with tears in his eyes.

After Kennedy left the stand, Sperber's sister Tina Pesik spoke on her brother's behalf, calling him "One of the kindest people I've ever met," adding “What has happened has changed us all forever.”

When Sperber’s wife Katherine took the stand, she told the gallery she knows Mark feels remorse for what happened and how it’s hurting the Sperber family too.

“I guess if the intent of the justice system was to crush a good man and a good family,” said Sperber’s wife Katherine, “Well, they have succeeded.”

Assistant District Attorney Thomas Coaty recommended to Judge Hammer that a sentence of at least 10 years, 2-4 years of initial confinement and four years supervision be handed down.

Sperber's defense attorney Kevin Musolf asked Judge Hammer for probation and jail time, citing Sperber’s lack of a criminal record and the damage the case has already caused to his family.

After the back and forth of legalese between Coaty, Musolf and Hammer, it was Sperber’s chance to speak.

“I wake up every day and go to bed every night, knowing that I am the one that took Mr. John Kennedy’s life and that is a burden I must carry the rest of my life,” said Sperber.

Before handing down Sperber’s sentence, Hammer told the court that this case has opened his eyes to the pain a victim and a victim’s family endures.

Hammer turned and faced Sperber and said Sperber was looking out for himself the night he struck Kennedy, “Whether it is a garbage can – or not – a sober person would not have driven off. That is not the behavior of a good person.”

Hammer then sentenced Sperber to 10 years in prison and 10 years of extended supervision.

While under supervision, Sperber is to consume no alcohol and not go near a tavern or liquor store. His driver’s license will also be revoked under the terms.

Kennedy’s family has started a memorial fund in his honor.