McMaster Sentenced for Motor Vehicle Homicide

A Fairbury man was sentenced to one year in jail for a charge of motor vehicle homicide, in a case that has been pending since 2019.Dalton A. McMaster, age 29, appeared in Jefferson County District Count on Thursday, June 1, 2023. David J.A. Bargen was the presiding judge.The alleged victim was Cody W. Craig, 28, of Hanover, Kansas.McMaster has a prior conviction for driving under the influence of drugs or alcohol (DUI) in Marshall County, Kansas, on May 6, 2016. That conviction made the original charge a class 2 felony punishable by up to 50 years in prison.In accordance with the plea agreement, the charge was reduced to a class 1 misdemeanor, punishable by up to one year incarceration and a $1,000 fine.The IncidentAccording to the Jefferson County Sheriff's Office, on November 10, 2019, they were notified of an accident that occurred just south of the junction of 714 Avenue and River Road.Upon arriving at the scene, Deputies discovered a male subject who was identified as Cody Craig. Craig was then treated by Jefferson County Ambulance District #33 and transported to Jefferson Community Health and Life where he was pronounced dead due to injuries related to the motor vehicle accident.Another individual was also discovered in the area of the scene and was an occupant in the vehicle. He was treated and transported from the scene by Jefferson County Ambulance and later transported to Lincoln by Ambulance. He was identified as Dalton McMasterBased on investigation made at the scene, the vehicle, which was a 2000 Buick Century, was traveling southbound on River Road. Law enforcement determined the vehicle left the roadway and rolled several times ejecting both occupants from the vehicle. According to the Affidavit of Arrest Warrant, law enforcement believes McMaster was the driver of the vehicle.McMaster and his attorney, Dustin Garrison, have disputed that version of events. McMaster has previously stated that Craig was driving.“We dispute that he was impaired,” Garrison told the court in a prior hearing. Garrison maintained that a blood draw used to determine impairment was taken too long after the fact and was not done correctly.On November 10, 2020, the defendant's attorney filed a motion to suppress results of a blood test, “The blood test allegedly obtained from Defendant herein by Bryan LGH West/Bryan Health in Lincoln, Nebraska, for the reason that said blood test was obtained in violation of Defendant’s rights.”SentencingMcMaster pleaded No Contest. A No Contest is much the same as a guilty plea but without admitting guilt. Judge Bargen advised the defendant that he is allowed to take into consideration that the defendant did not admit guilt at sentencing.The court also received Victim Impact Statements.As part of the plea agreement, County Attorney Joseph Casson agreed to remain silent at sentencing.Garrison requested probation for his client. Judge Bargen had ordered a PSI (Pre-Sentencing Investigation). Garrison disputed some of the conclusions of the PSI; in particular, the recommendation by the Probation Office for a straight sentence.Garrison noted the defendant previously successfully completed probation in 2015, “The criminal history is not significant.”“A person lost his life. We cannot change that,” said Garrison, who described the victim as McMaster's best friend. “Mr. McMaster lost someone that day, too.”However, Judge Bargen said the defendant was “not a fit candidate for probation,” and sentenced him to 364 days in jail, with credit for one day time served.McMaster was then remanded to the custody of the sheriff's office to carry out the sentence.

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