A Rushville man has been sentenced to 4 years and 3 months in federal prison for a drunk driving accident last August that killed two pedestrians on the Pine Ridge Reservation.

61-year old Timothy Hotz had pleaded guilty to one count of involuntary manslaughter in a plea baragin that saw a second identical count dropped...although both deaths were taken into consideration for sentencing.

23-year old Robert Whirlwind Horse of Manderson and 26-year old Calonnie Randall of Wanblee were hit as they walked along the highway between Pine Ridge and Whiteclay. The impact literally knocked both out of their shoes and socks. Both were sober at the time.

Hotz, on the other hand, doesn't remember the accident. He told investigators he "knew something terrible had happened" when he woke up the next morning to find long strands of human hair caught in the windshield wipers of his car. He then called police. -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

John Whirlwind Horse, Robert's father, asked U.S. District Judge Karen Schreier to reject the plea agreement and order a trial. Whirlwind Horse characterized his son's death as "premeditated murder," saying Hotz should have known what could happen.

Hotz has three drunken driving convictions and admits driving during at least one other alcoholic blackout. Whirlwind Horse said Hotz was sorry only that he got caught.

Defense attorney Gary Colbath asked for probation, saying Hotz has been an upstanding citizen for most of his life...a former member of the school board and active community member who didn't allow the sale of alcohol during the 18 years he owned the Whiteclay Grocery because of the impact of alcohol on the reservation.

Colbath said things changed when Hotz sold the store in 2002, divorced for the second time and began drinking heavily. Hotz had 3 misdemeanor drunking driving convictions 2003 and 2006 but did not undergo alcohol treatment until last fall.

Hotz apologized at sentencing for his actions, telling his mother, family, friends and the victims' families how sorry he was for the pain and the shame he'd caused everyone for the past five years. He said he has turned his life over to God, but that the two victims can't be brought back and he's sorry for that.

Prosecutor and assistant U.S. Attorney Mara Kohn asked that Hotz get 8 years in prison, saying he posed a much greater threat to the public than his relatively clean criminal record would suggest.

She pointed to a 2004 drunk driving case in which Hotz was after driving on the wrong side of the road going about 65 mph, forcing oncoming cars to pull off the road to avoid collision.

Kohn said Hotz had spent just 5 days in jail for his 3 drunk driving convictions even though his third offense should have been a felony punishable by two years in prison.