BILLINGS — A Billings man was sentenced Thursday to 20 years in prison with 10 years suspended for a 2022 drunken-driving crash after the presiding judge rejected a defense proposal of no jail time in exchange for payments to the victim's children.
Kevin Welter received the sentence from Yellowstone County District Judge Ashley Harada.
He pleaded guilty to vehicular homicide in the death of motorcyclist Aaron Lurz, a decorated U.S. Marine and father of five, whom Welter struck near the corner of Molt Road and Masters Boulevard in July 2022.
Watch the sentencing story here:
In court, Welter's attorney, David Merchant, asked for no prison time in exchange for annuity payments to the victim's children in a separate civil case, a proposal that alarmed both prosecutors and the judge.
“Money in exchange for taking a life,” Jesse Erickson, Yellowstone County deputy attorney, said. “But only on the condition that he walks free here today. That is an incredibly alarming ultimatum, and it has absolutely no place in the criminal justice system.”
Harada acknowledged that, as she was being asked to allow for $250,000 per child to be considered as the best way to pay for his crime, rather than put Welter in prison.
“Why would they bend me over a barrel?" Harada asked. “And say, 'Judge, we have money. You can't put me in prison, or I'm not going to pay these poor children who have lost everything.'”
But Welter’s attorney continued to argue his case.
“What we're asking for is not beyond the pale,” Merchant told Harada.
“It is,” Harada responded, noting that the case could set a bad precedent.
Several members of Lurz's family took the stand and spoke directly to the offer of money as restitution.
“And because you have money, that doesn't mean that you can just pay your way out of what you have done," said Rebecca Lamb, Lurz’s mother. “You know what you've done, and I think you need to take responsibility."
Billings police say Welter made a left turn in his vehicle in front of Lurz on his motorcycle.
Welter's blood alcohol concentration was almost three times over the legal limit, according to police.
While Harada rejected the defense offer, she also didn't take the prosecution's recommendation of 30 years in prison.
“I can't disagree with what the judge did,” Merchant said. “There's two families that will never be the same,” Merchant said.
