Colton Drake Clingan
A man whose fourth DUI was a deadly one was sentenced on Thursday to serve 12 years in state prison at 100 percent.
Colton Drake Clingan, who was 31 at the time of the wreck at Sale Creek on May 25, 2023, appeared before Criminal Court Judge Boyd Patterson.
He was charged with aggravated vehicular homicide in the head-on wreck on Dayton Pike that killed Eduardo Osario, a passenger in the other car.
Clingan pleaded guilty to the reduced charge of vehicular homicide. Aggravated vehicular homicide carries 15-25 years.
Clingan was going south in his blue Dodge truck when he crossed into the northbound lane and hit a white work van. The driver of the van was also rushed to the hospital. The passenger was dead at the scene.
Clingan said he had been "messing with his dog" when he began drifting into the other lane. He said he tried to correct. No dog was found at the scene.
Investigating officers said Clingan had pinpoint pupils and no reaction to light. He said he had taken prescription Adderall and smoked marijuana at 9 a.m. that day. He also had bloodshot eyes.
Clingan was charged with DUI in 2011, 2020 and 2022, and he has "a significant drug history," a deputy said.
He was driving on a suspended license and had no insurance. He had been ordered to have an alcohol interlock device, but none was found.
Clingan was seen swerving in his lane just before the wreck, someone had called in.
He was also charged with DUI, aggravated assault, ignition interlock violation, driving on a suspended license, driving left of center lane, failure to exercise due care, and a seatbelt law violation.