A North Platte man has been sentenced to six to ten years in the Nebraska State Penitentiary for the 2011 death of Levern Walter.
Michael Malmkar had entered a plea of guilty to charges of Motor Vehicle Homicide and Leaving the Scene of an Injury Accident.
In June of 2011, Levern and Roberta Walter were riding their bicycles when they were struck by a vehicle driven by Malmkar. Levern Walter died from his injuries and his wife, Roberta, was seriously injured. Malmkar left the scene of the accident, and investigators later determined that he had been under the influence of alcohol at the time.
Malmkar’s attorney, Robert Lindemeier addressed the court prior to sentencing, stating that Malmkar was a good kid who had admitted fault in the accident. Lindemeier pointed our that Malmkar came from a good family, had earned his Eagle Scout and had a great deal of life in front of him. Lindemeier also argued that Malmkar did not deserve the maximum sentence and requested that he be given the minimum sentence under the law.
The Honorable Judge Donald Rowlands took note of Lindemeier’s statements, however, he also made note of the fact that since the crime, Malmkar had been accused of robbing a business in Lincoln and also had been caught in possession of marijuana at the Lincoln County Detention Center recently.
Rowlands then sentenced Malmkar to four to five years in prison for the Motor Vehicle Homicide charge and two to five years for Leaving the Scene of the Accident. Additionally, Rowlands ordered that the sentences be served consecutively, meaning Malmkar will serve no less that 6 years in the Penitentiary. He was given credit for 382 days served in the Lincoln County Detention Center and his driver’s license will be revoked for a period of 15 years beginning when he is released from prison.
Malmkar was remanded to the custody of the Lincoln County Sheriff to await transport to Lincoln.