The 30-year sentence for a Moss Bluff man who pleaded guilty in the 2020 death of a man who was run over while working out with his CrossFit group has been upheld.

George McKinney Jr.was arrested on Oct. 29, 2020, after striking 30-year-old Jason Webb, who was jogging on Old Highway 171. The Calcasieu Parish Sheriff’s Office told the American Press at that time that McKinney was traveling southbound at a high rate of speed when he crossed the center line and struck Webb. Deputies said they also noticed signs of impairment and found alcoholic beverages in McKinney’s vehicle. A breath intoxilyzer test later revealed he was two times over the legal limit.

Webb — who was transported to a local hospital — died from his injuries.

Initially McKinney pleaded guilty to vehicular homicide with a blood alcohol reading of 0.8 or higher and was sentenced up to 30 years in prison with at least three years to be served without benefit of probation, parole or suspension and a fine of not less than $2,000 and no more than $15,000.

Upon McKinney’s first appeal of his conviction and sentence in 2022, the 3rd Circuit Court of Appeals ruled the trial court gave McKinney an indeterminate sentence because it failed to specify the amount of time to be served without benefit of probation, parole or suspension of sentence. The court also said the 14th Judicial District Court ordered McKinney to pay restitution to the family for funeral expenses, medical bills and any future counseling Webb’s children may need without determining a set amount. The court rejected McKinney’s appeal of his conviction.

On remand from the court, the 14th Judicial District Court court vacated McKinney’s initial sentence for vehicular homicide and re-sentenced him to 30 years, with the first three years to be served without benefit of probation, parole, or suspension of sentence. The trial court suspended seven years of his sentence and placed him on supervised probation for three years upon his release. McKinney was also ordered to pay restitution for costs associated with the Webb’s funeral and headstone and serve 100 community service hours per year, with a minimum of 30 hours to be focused on DWI prevention

McKinney filed a second appeal of his sentence, claiming it was excessive and that the trial court failed to take into account a number of mitigating factors, including whether he lacked specific intent to cause or threaten serious harm. He also claimed the trial court should have further considered that he lacks a criminal history, that the circumstance of the offense is unlikely to recur, and that he is likely to respond affirmatively to rehabilitation. That appeal has been denied.

“The offender knowingly created a risk of death or great bodily harm to more than one person,” the appeals court wrote. “Any time you’re impaired and you decide to get behind the wheel you are certainly knowingly creating, even though most drunk drivers think they’re the best drunk drivers around and they got it under control, they’re certainly knowingly creating a risk of bodily harm to more than one person when they get behind the wheel. They’re choosing to go out there and gamble with other people’s lives.

“A lesser sentence would deprecate the seriousness of the offense, that McKinney knowingly created a risk of death of death or great bodily harm to more than one person, that the offense created significant permanent injury and ‘incalculable’ economic loss due to the victim’s wife and four children, and that, although McKinney may not have known the harm that his intoxicated driving would cause, he had to know it could or threaten serious harm.”