Patrick Jenkins attempted to read a letter to Pilshaw but burst into uncontrollable tears. He voluntarily surrendered his driver's license after the crash. Shultz told the court he felt he had a strong case for appeal. He argued during Friday's sentencing that Jenkins shouldn't be responsible for any crimes committed while having a seizure that rendered him unconscious. The lawyer cited cases backed by the Kansas and U.S. supreme courts that held people driving in an impaired condition could not be charged with reckless behavior.
Involuntary manslaughter involves recklessly but unintentionally causing the death of others.
Pilshaw stopped Shultz from putting on that defense in trial and overruled him again on Friday. It could take from six months to a year for the appeal.