- Suspect: Joey Unkestine
- Victim: Katherine Edaakie (Joey Unkestine’s girlfriend)
- Victim: Elison Unkestine (Joey Unkestine’s brother)
- Non-fatal victim: A child, D.G., 9 (Edaakie’s son)
- Date of incident: Oct. 18, 2018
- Charges: Two counts of involuntary manslaughter and one count of child endangerment
- Status: Guilty plea to two counts of involuntary manslaughter and child endangerment; binding plea agreement; sentenced
- Sentence: 3 years, 10 months followed by 2 years probation, per plea agreement
- Investigating agency: Unknown
- Location: Highway 53, Zuni Pueblo, McKinley County
- Magistrate case number: None
- District case number: 19-cr-0094
- Prosecutor: Frederick Mendenhall
- Plea judge (magistrate): Jerry Ritter
- Sentencing judge (district): Scott Skavdahl
On Oct. 18, 2018, Joey Unkestine crashed a 2002 Ford Explorer on Highway 53 on the Zuni Pueblo, killing his brother, Elison Unkestine and his girlfriend, Katherine Edaakie and injuring his girlfriend’s son (D.G.). He was allegedly drunk.
His blood-alcohol level was later measured at 0.35 and he was estimated to be driving between 74 and 93 mph on a 55-mph-limit road.
He pleaded guilty and per a binding plea deal, District Judge Scott Skavdahl sentenced Unkestine on Oct. 18, 2019, to the three years, 10 months in prison.
Joey Unkestine was driving between 74 and 93 mph on Highway 53 on the Zuni Pueblo, after he had been drinking extensively, when he rolled his 2002 Ford Explorer, killing his girlfriend and brother and injuring his girlfriend’s 9-year-old son, D.G., according to his plea agreement.
According to a sentencing memorandum filed by prosecutor Frederick Mendenhall, testing would later show Unkestine’s blood-alcohol content to be 0.36. For comparison, the legal-per-se limit is 0.08 and above 0.40 can be fatal.
Opioids and methamphetamine were also found in his system, although he claimed he used no drugs that day. The brother and girlfriend had also been drinking while he was driving. D.G. received “only scrapes and bruises,” Mendenhall wrote.
Unkestine had several prior convictions “involving alcohol” but all of them were tribal, Mendenhall wrote.
On March 18, 2019, a grand jury indicted Unkestine on two counts of involuntary manslaughter and one count of child endangerment, according to the indictment.
On June 20, 2019, Unkestine pleaded guilty to the charges. Mendenhall and defense attorney Irma Rivas signed the plea deal. Federal Magistrate Judge Jerry Ritter accepted the binding plea agreement.
According to the plea agreement, Unkestine would only receive a sentence of three years, 10 months, with probation up to the sentencing judge. Ultimately, he received two years of probation when prosecutors asked for three.
According to Mendenhall’s sentencing memorandum, three years, 10 months is the “upper-guideline sentence” and reflects the seriousness of the offense.
Because the two people in the car were drinking, their deaths do not warrant a sentence at the top of the sentencing range. However, the child being placed in danger did warrant the lengthier sentence, as did his history with alcohol, he wrote.
Mendenhall did not write why, specifically, he agreed to a three year sentence for the deaths of two people, one of which left a child without his mother. However, he noted that both he and the defense minimized the uncertainty that comes with a trial.
Federal District Court Judge Scott Skavdahl sentenced Unkestine on Oct. 18, 2019, to the three years, 10 months stipulated in the plea agreement and two years probation, a year less than requested by the prosecutor, according to the sentencing minute sheet.
No investigative documents appear in the court record.
Improperly sealed documents?
According to the local rules and federal rules, documents are only supposed to be filed under seal for good reason and a record of the motion to file a document under seal is supposed to appear on the court docket, as outlined by Jeff Proctor in New Mexico In Depth.
According to Mendenhall’s sentencing memorandum, the only document that was docketed but is not public is #27, the pre-sentencing investigation report by the probation department.
However, according to the docket, entry 28 was also sealed, as were 30 and 31. In addition, documents 34-36 appear to be sealed with no motions for sealing and no record of sealing, a process which is supposed to warrant a judge’s approval.
According to Sealing Court Records and Proceedings: A Pocket Guide, “(there) should be a public record of what is sealed and why, consistent with the reason for sealing.”
According to Edaakie’s autopsy report, she had a blood-alcohol level of 0.28 and methamphetamine in her system.
According to Elison Unkestine’s autopsy report, his blood-alcohol level was 0.14 and he also had methamphetamine in his system.
Office of the Medical Investigator Field Investigator Maria Olivares wrote, in a field investigation, the SUV was heavily damaged and Elison Unkestine had been ejected from it and his right hand was amputated.
In Edaakie’s field investigation, Olivares found Edaakie’s body was in the east-bound lane.
See the documents on Google Drive