Alexa Hoffman
Daily Record Staff Writer

For the 20 or so minutes he sat at the defense table Thursday afternoon, Rifle resident Mark Proctor said three words: “yes, sir” and “guilty.”

More than a year since the Nov. 11, 2003, car accident that killed Chu Kin (Britt) Graff at the intersection of Colo. 115 and Third Street in Penrose, Proctor pleaded guilty to one count of vehicular homicide while driving under the influence, a Class 3 felony.

The plea came four days before the expected start of his three-day trial, for which he would have faced the charge of vehicular homicide, as well as one of driving under the influence.

“We’re very pleased,” said Sgt. William Holt with the Colorado State Patrol, following Proctor’s plea.

“I hope this helps with closure for the family,” added Luke Armstrong, an accident reconstructionist with the state patrol. “And after a year-and-a-half, I’m glad we’ve reached this.” Armstrong led the investigation in the crash.

Proctor’s plea agreement was without sentencing concessions, so he could face between four and 12 years in the Colorado Department of Corrections and a $3,000 to $750,000 fine when sentenced at 8:30 a.m. June 13. Should there be extreme mitigating circumstances, his sentence would be two years, or if there were aggravating circumstances, could stretch to 24 years in prison. Following any prison sentence, the 42-year-old has a mandatory five years of parole.

Proctor steadily watched as Judge Dave Thorson read his possible sentence, but his wife, seated in the first row behind him, left the room crying.

According to Armstrong’s testimony at Proctor’s preliminary hearing Feb. 19, 2004, the accident occurred at about 2:37 p.m. and involved Proctor’s black Ford Ranger pickup and Graff’s Nissan Sentra. Armstrong said he determined that the 41-year-old man was traveling eastbound on Third Street and the 39-year-old woman, a Cañon City High School graduate, was heading south on Colo. 115.

Deputy District Attorney John Rice described the accident Thursday as “a classic T-bone,” where the front end of Proctor’s car struck the side of Graff’s. He added Armstrong told him Proctor was traveling 76 miles per hour at the time of the accident.

Armstrong said he believed the Colorado Springs defendant ran the stop sign at the end of Third Street before proceeding onto Colo. 115, based on his reconstruction of the scene. He also confirmed two blood-alcohol content tests were performed at Parkview Hospital, one at 4:47 p.m. that apparently showed a 167 bac, and one at 5:55 p.m. that purportedly showed a .138 bac.