Man Sentenced to Nearly 2 Years for DWI, Child Abuse After Crashing Car, Causing Injuries to Children Inside

NORFOLK, Va. — Gary Anthony Sanders II, 37, was sentenced on Friday to serve one year and 11 months in prison after he pleaded guilty to driving drunk and causing serious injuries to both his children when he crashed his car into a tree.

Just after midnight on Nov. 24, 2023, Mr. Sanders was driving drunk with his two young children in the back seat heading northbound on Cromwell Road. Around the 2700 block of Cromwell Road, Mr. Sanders drove up onto a median at a high rate of speed and struck a tree head-on. Mr. Sanders was driving fast enough that the crash pushed the engine block of the car into the front seat area. The elder child’s booster seat was improperly secured to the rear driver’s side seat and hit the back of the front passenger seat during the crash.

A bystander who had been walking by saw smoke coming from the car, heard the screams of children, and had pulled the two children from the car by the time Norfolk Police officers arrived. The elder child was alert and bleeding after losing teeth and was later found to have a fractured femur. The other, younger child who had been in a car seat on the rear passenger side was in and out of consciousness and at one point stopped breathing, requiring intubation. That child was found to have suffered a spine fracture, a forearm fracture, and bruises to the lungs. Both children have since recovered from their injuries.

Officers observed Mr. Sanders to have glassy eyes, slurred speech, and a strong odor of alcohol, he could not remember what happened, and he was injured with a broken knee and unable to perform any sobriety or breath tests. There were multiple open cans of beer inside the car, one of which was in the front cup holder, as well as an open liquor bottle inside a backpack that had been in the front passenger seat. Norfolk Police investigators later secured a search warrant for Mr. Sanders’ medical records, which indicated that following the crash he had a blood alcohol content of between 0.16 and 0.18 — at least twice the legal limit to drive.

On Oct. 17, Mr. Sanders agreed to plead guilty to driving while intoxicated and two counts of felony child abuse resulting in a serious injury. In exchange for Mr. Sanders’ plea and waiver of his preliminary hearing in lower court, the Commonwealth agreed to seek an active sentence no longer than the high end of Mr. Sanders’ Virginia Sentencing Guidelines, which was two years and one month. Judge Robert J. Humphries accepted Mr. Sanders’ plea agreement and found him guilty.

At Mr. Sanders’ sentencing hearing before Judge Joseph C. Lindsey on Friday, Mr. Sanders’ defense counsel argued that Mr. Sanders should be sentenced to time served due to his lack of a criminal record. The Commonwealth argued that Mr. Sanders should serve an active period of incarceration at the midpoint of his Virginia Sentencing Guidelines, which was one year and 11 months. Judge Lindsey sentenced Mr. Sanders to serve one year and 11 months in prison and suspended another nine years and one month in custody on the conditions that Mr. Sanders complete the Virginia Alcohol Safety Program, complete three years of uniform good behavior and supervised probation following his release, has his driving privileges suspended for 12 months, and has his driving privileges further restricted to using an ignition interlock device for six months following the restoration of his license.

“Drunk driving is a totally preventable crime that endangers other people. Here, Mr. Sanders’s criminally reckless behavior could have cost the lives of his own children, who did nothing to put themselves in this dangerous situation,” said Commonwealth’s Attorney Ramin Fatehi. “While I hope that the rehabilitative options that Mr. Sanders will have on his release will help him to avoid repeating his crime, Mr. Sanders still earned a sentence of confinement for the wrongness of his actions. My office and I will continue to seek accountability for people who endanger themselves and others on our roads.” 

Assistant Commonwealth’s Attorney George M. Afentakis prosecuted Mr. Sanders’ case, and Norfolk Police Officer Ryan E. Martin led the investigation.

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Oct. 21, 2024

Man Pleads Guilty to DWI, Child Abuse Charges After Crashing Car, Causing Injuries to Children Inside

NORFOLK, Va. — Gary Anthony Sanders II, 37, pleaded guilty on Thursday to one count of driving while intoxicated and two counts of felony child abuse after he drove drunk and crashed his car into a tree last year, causing serious injuries to both his children.

Just after midnight on Nov. 24, 2023, Mr. Sanders was driving drunk with his two young children in the back seat heading northbound on Cromwell Road. Around the 2700 block of Cromwell Road, Mr. Sanders drove up onto a median at a high rate of speed and struck a tree head-on. Mr. Sanders was driving fast enough that the crash pushed the engine block of the car into the front seat area. The elder child’s booster seat was improperly secured to the rear driver’s side seat and hit the back of the front passenger seat during the crash.

A bystander who had been walking by saw smoke coming from the car, heard the screams of children, and had pulled the two children from the car by the time Norfolk Police officers arrived. The elder child was alert and bleeding after losing teeth and was later found to have a fractured femur. The other, younger child who had been in a car seat on the rear passenger side was in and out of consciousness and at one point stopped breathing, requiring intubation. That child was found to have suffered a spine fracture, a forearm fracture, and bruises to the lungs. Both children have since recovered from their injuries.

Officers observed Mr. Sanders to have glassy eyes, slurred speech, and a strong odor of alcohol, he could not remember what happened, and he was injured with a broken knee and unable to perform any sobriety or breath tests. There were multiple open cans of beer inside the car, one of which was in the front cup holder, as well as an open liquor bottle inside a backpack that had been in the front passenger seat. Norfolk Police investigators later secured a search warrant for Mr. Sanders’ medical records, which indicated that following the crash he had a blood alcohol content of between 0.16 and 0.18 — at least twice the legal limit to drive.

On Thursday, Mr. Sanders agreed to plead guilty to driving while intoxicated and two counts of felony child abuse resulting in a serious injury. In exchange for Mr. Sanders’ plea and waiver of his preliminary hearing in lower court, the Commonwealth agreed to seek an active sentence no longer than the high end of Mr. Sanders’ state sentencing guidelines, which will be calculated prior to his sentencing date. Judge Robert J. Humphries accepted Mr. Sanders’ plea agreement and set his sentencing hearing on Jan. 17.

“Drunk driving is an absolutely preventable and unnecessary crime, but Mr. Sanders committed it anyway, and his children paid the price in serious injuries,” said Commonwealth’s Attorney Ramin Fatehi. “Mr. Sanders committed a crime of choice, and a dangerous one, and we will seek a sentence that accounts for the dangerousness of his conduct. I cannot emphasize enough: Do not drink and drive, and do not put your children in harm’s way.” 

Assistant Commonwealth’s Attorney George M. Afentakis is prosecuting Mr. Sanders’ case, and Norfolk Police Officer Ryan E. Martin led the investigation.

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