Facebook enhancement for drunk driver provides notable example of social-media sentencing

This local sentencing story from the Buffalo News, which is headlined "Drunk driver gets into more trouble after posting Facebook photo," provides a new and notable example of what might be called "social-media sentencing."  Here are the details:

Ashley M. Sullivan is in Niagara County Jail, and Facebook may be to blame as much as the car crash that killed a Niagara Falls man.

Sullivan, 17, of Linden Avenue, North Tonawanda, was sentenced Wednesday afternoon to six months in the County Jail and five years' probation for crashing her car while drunk and killing her boyfriend May 30 on Sweeney Street in North Tonawanda.  She pleaded guilty Nov. 18 to criminally negligent homicide and misdemeanor driving while intoxicated.

The Buffalo News has learned that Sullivan went to Florida a month after the crash and posted a photo on her Facebook Web page captioned, "Drunk in Florida."

"I'm troubled by your conduct since the crash," County Judge Matthew J. Murphy III told Sullivan, "and that's the reason for the jail sentence."  Murphy also refused to grant Sullivan youthful offender status for the same reason.  "I don't believe the defendant has earned it," the judge said.

Murphy, in reading the terms of probation, went out of his way to emphasize to Sullivan that she isn't allowed to drink for the next five years.  "You're 17 years old. You're not old enough to drink," Murphy said.

When defense attorney Glenn Murray said in court, "This young woman is remorseful," someone laughed among a crowd of more than two dozen of the victim's friends and relatives, drawing a reprimand from the judge....

Murphy, who could have sentenced Sullivan to as long as four years in state prison, said his decision was difficult "because of the defendant's extreme youth and her past history."  He ordered that after Sullivan gets out of jail, she will be under electronic home monitoring for a year. He also revoked her driver's license.

"My client failed to consider the consequences, the tragic consequences," Murray said.  "This offender understands the tragedy she is responsible for.  She will never forgive herself."  He said Sullivan had decided not to speak, although when Murphy asked her, Sullivan managed to say, "I'm very sorry," before breaking down in tears.

It is not at all unusual, though it can sometimes be controversial, for sentencing judges to decide to increase a defendant's based on post-offense or even post-conviction conduct.  Nevertheless, the impact here of a social-media message on Facebook adds an extra layer to this common sentencing issue.  Not only does the sentencing judge here learn that the underage defendant was drinking heavily again not long after having just killed her boyfriend via drinking and driving, but he also discovers that she does not have the good sense not to brag to friends about her persistent misbehavior.  For these and other reasons, I think Sullivan should consider herself very lucky to have only gotten a six month jail term here.