~In Memoriam of Wendy and Kimberly Sands~.............

October 23, 2002

To Honorable Judge John Tomberlin

14455 Civic Drive Victorville, CA. 92392

Regarding: People vs. Jason Dalby

Case # FYI 011829

Probation Officer James H. Algoe III

San Bernardino County Probation Office

To the Honorable John Tomberlin and the court,

It has been a very difficult 26 months. The court has juggled three lawyers many motions and we have finally come to a place where Mr. Dalby has pled to two counts of Second Degree Murder. Twenty-six months later he has finally been brought to a place where he has been forced to acknowledge that he is guilty of the Murder of my niece Wendy and my great niece Kimberly. I have seen no remorse and feel that Jason Dalby will never really feel bad that two people have died because of his flagrant disregard for the law. After multiple drunk driving offences and classes the law still did not apply to him. It did however apply to him this last 26 months when he and his lawyers used multiple applications to try to relieve him of this legal burden. Wendy and Kimberly did not have this luxury. They were given a death penalty without representation by any lawyer. They did not have an opportunity to plead for their lives and to give an account that they were wonderful law abiding citizens who cared about their neighbor and were making a difference with their lives. They were innocent but received the penalty of death. They will never be paroled, they will never have family contact, they will never be able to mingle in any way with society, they are dead, and Jason Dalby is alive and well. Many might say...well Jason Dalby just made a bad choice (over and over again). He just has a drinking problem...a disease. I say that Jason Dalby has a character flaw. He does not care about his family or anyone else except what he wants. He has squandered his life and the lives of Wendy and Kimberly and the only thing that is his concern is his freedom. He has no remorse or guilt. He has no shame. He has lived a life of denial and I believe he will continue to do so. It is a pathetic picture of the typical murderer in prison. He will never see it. I have a very loving and close family. The Hampton's and the Sands family are far from perfect but one strength that we have is our ability to forgive and give people a second chance. Especially if there is some sense of remorse. We have never seen anything from Mr Dalby except an attitude in court that he has been greatly inconvenienced by this whole ordeal.

I have a personal dilemma. How do I forgive a man who killed two members of my family and he doesn't really care. Someone who has given a prison sentence (for life) to my sister who will never see her children ever again. I don't hate Mr. Dalby. I pity him. I know that his life could have been so different I know that there was a better path and plan that he could have chosen that would have blessed his life and made a difference. I know beyond a shadow of a doubt that God loves Jason Dalby and God offers him freedom... but that only comes to the heart that is humble enough to see the need. If Jason Dalby ever figures it out and some day finds himself in heaven, he will meet Wendy and Kimberly. Wendy will great him with a huge smile and ask to show him around....make him feel welcome and comfortable...that is what Wendy is like. Kimberly will run up to him and hug his legs and say "I love you" just as she did to me every time I had the privilege to be with her. This victim statement day is not one relished by me. I have seen incredible pain in my family to last me a lifetime. I am tired of the pain and was not looking forward to the gut wrenching expressions of those I love...but, if this will somehow makes a difference in the penalty for two murders being fully served, I eagerly participate. Don't take lightly the murder weapon used. It was a loaded gun by a loaded drunk but the damage to the bodies was equal to a grenade. He pulled the trigger when he started the car and accelerated. He shot his weapon down a dark housing area and his victims were random. They were my family, What if they were your daughter and granddaughter? If it had occurred twelve hours earlier or later there would have been thirty victims, all children waiting at a bus stop. The courts would have been filled for years because of the choices of an indigent fool. If one was excused for bad choices made while "under the influence" probably two thirds of all court cases would be dismissed. It is time for those who have been entrusted with the law and the authority to impute justice, to have the courage to enforce the law that demands personal responsibility for ones actions. There is so much this court will never hear or understand about what occurred for us as a family. The calls for harvesting of their hearts before we had a chance to believe they were gone. I received from the Coroner's office a baggy ...it had a small beige purse that I had to wipe the splatters off of before I gave it to my sister. It also had a pair of earrings and a plastic Scooby ring that belonged to Kimberly. It is all that we have left.

Sincerely Yours,

Sharon Guinn
Aunt of Wendy and Kim

 



 

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