Clerical error gives sentencing do-over to defendant in deadly DUI crash

TAMPA, Fla. (FOX 13) - In September 2015, Amy Dudeck survived a deadly crash on State Road 39 near Plant City, but Garrett Gottschall and his wife, Nalee, did not.

The man responsible is David Flanagan. He was recently sentenced to 23 years in jail for driving drunk and causing the deadly crash.

"I hope my sentencing can give you some kind of closure," Flanagan said.

However, closure did not last very long. During his sentencing in April, a clerical error was made. Flanagan was accidently given four extra days so now, by law, he gets a do-over on his sentencing.

Dudeck said she cannot believe it.

"We just closed this case and here we are again. Let's re-live it again, all the families," she said.     

Hillsborough County Circuit Judge Tom Barber, who sentenced Flanagan three months ago, was left shaking his head.

"This is ridiculous but I will do it," said Judge Barber.

Even more troubling for Dudeck is, a new judge will be appointed to the case, which could mean a lighter sentence.

"You did this to us, now you need to pay the time. Stop trying to play the system," said Dudeck.

Flanagan is back in court July 17, 2019.