Former teacher sentenced for DUI death

Tears flowed freely from many an eye Thursday as a much-admired former school teacher was sentenced for being drunk at the wheel when she struck and killed a beloved grandmother in a Boise crosswalk last November.

Mary Ellen Zahm was given six months in jail, 10 years probation and a suspended 10-year prison sentence.

Patricia Eisenman died Nov. 30, 2007, the night she was struck, and her 83rd birthday.

"If there's one word that can describe it, it's tragic," 4th District Court Judge Michael McLaughlin said.

Eisenman's daughter, Kathryn Marie, described the horror of going through her mother's bloody clothes and seeing her mom's swollen, disfigured face.

"I have never experienced shock like that in my life," Marie said. "I couldn't believe it was true."

Zahm, whose blood alcohol level that night was tested at .09, .01 over the legal limit, pleaded guilty to felony vehicular manslaughter.

"DUI is the most preventable crime," said Ada County Deputy Prosecutor Jill Longhurst. "It's not an accident. It's not a 'but for the grace of God go I.' It's a crime."

McLaughlin said Zahm faces another 30 days to six months in prison if her probation officer deems it necessary at the completion of her sentence.

She will pay restitution and a fine of $2,000, though $1,000 was suspended. Zahm's license is suspended for two years, with no option for limited privileges during that time.

Longhurst said restaurant receipts show that Zahm drank four glasses of chardonnay before she hit Eisenman on Hays Street, near 12th Street.

Zahm's attorney, Michael Bartlett, said Zahm had 2.5 drinks that night over a three-hour period. He said one reason she may not have recognized she was in danger of impairment was because she had gastric bypass surgery in 2005.

Zahm's surgeon testified that people who have the surgery metabolize alcohol differently, that perhaps more of the alcohol goes directly to the bloodstream.

Zahm took responsibility for her actions.

"I'm sorry I can't give your mom back. All I can do is change the here and now. I'm so sorry," said Zahm. "I hope one day her family can find resolve and find peace. If I could take it back, I would."

Bartlett asked McLaughlin for a withheld judgment, in part because Zahm has no prior arrests and she's been a responsible, caring, compassionate mother, teacher and community member.

But McLaughlin said the Nov. 30 crash, which was re-enacted during the investigation, wasn't a case of "ordinary negligence."

"This was a case in which you drank and drove," he said. "Your reaction time was impaired. Field sobriety tests clearly indicated you were impaired."

Bartlett told the judge Zahm is close to financial ruin. He asked that she be allowed to go home and get her affairs in order before going to jail. McLaughlin sent her to jail in handcuffs.

Eisenman's daughter, Becky McGavin, said she was satisfied with Zahm's sentence.

"It feels peaceful to me, in that justice was served," McGavin said. "Nothing is going to bring mom back, and that's difficult. But maybe it'll make someone think twice before they have three glasses of wine and drive."

Katy Moeller: 377-6413