For Immediate Release
Media Contact: Bob Cooper
(208) 334-4112

Date: April 13, 2007

Donald L. Swan Sentenced to 15 to 24 Years for Vehicular Manslaughter

(Boise) – Donald Lee Swan of Riggins, Idaho was re-sentenced today for two counts of vehicular manslaughter, Attorney General Lawrence Wasden said. Second District Judge John R. Stegner ordered Swan to serve at least 15 years, and up to 24 years in prison, with credit for time served.

Swan pleaded guilty to the charges during a court appearance on January 23, 2007.

The charges resulted from an August 15, 2003, collision near Riggins, Idaho that claimed the lives of Victor and Alvi Calcagno. At the time of his death, Victor Calcagno was a 37-year-old resident of Orem, Utah. Alvi Calcagno was the 7-week-old son of Victor and Altagracia Calcagno. Altagracia Calcagno was also injured, as were two passengers in Swan’s pickup truck.

On February 26, 2004, Swan pleaded guilty to two counts of vehicular manslaughter and one count of aggravated driving under the influence. He was subsequently sentenced to serve a minimum of 15 years in prison.

Following that sentencing, Swan’s attorney informed the court that, based on the attorney’s understanding of a conference with the prosecuting attorney and the sentencing judge, the attorney told Swan that if Swan pleaded guilty he would receive no more than a four-year fixed sentence.

After interviewing several witnesses and reviewing the evidence, the state concluded that Swan’s guilty pleas were based upon his erroneous belief that he would receive a fixed sentence of no more than four years. Accordingly, the state entered into a stipulation to set aside the 2004 pleas and sentences and to retry Swan.

However, as a result of Swan’s pleading guilty, the case proceeded to sentencing and a new trial will not be necessary.

The Attorney General’s Special Prosecutions Unit handled the case at the request of Idaho County Prosecuting Attorney Kirk MacGregor. Deputy Attorney General Justin Whatcott prosecuted the case. 

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