The ABAjournal picked up on this story, stating that “a judge gave Jenkins nearly 33 years at his 2011 sentencing, unfavorably influenced by a private investigator’s videotape that showed the defendant playing beer pong within weeks of the sentencing, the Palm Beach Post reported at the time. A cousin of one of the victims who died in the 2008 wrong-way crash hired the PI after hearing that Jenkins was still partying after the accident.”
The Sunsentinal reported that:
Jenkins testified Feb. 16 that he had wanted to accept blame, but continued to trust his lawyers Jack Goldberger and Michael E. Dutko.
Markus said the delay in not resolving the case until 2011 led to the disastrous circumstance of Jenkins, while still out on bail, getting caught on video playing beer pong at a bar.
A private investigator hired by a cousin of Rutman had shot the video and turned it over to the court.
While sentencing Jenkins, Circuit Judge Richard Oftedal said Jenkins’ participation “in a drinking game on the eve of sentencing is a slap in the fact and an affront to the victims and their survivors and friends.”
State guidelines then called for a minimum of 32 years, 10 1/2 months in prison; the maximum possible was a life term. Oftedal could have justified going below the minimum but declined.