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State finally suspends license of Cedar Rapids man convicted in texting-while-driving deaths

May. 24, 2018 6:25 pm, Updated: May. 24, 2018 9:09 pm
CEDAR RAPIDS - Convicted last month in a texting-while-driving crash that killed two teenagers, a Cedar Rapids man should have had his driver's license suspended last year. But due to a mail glitch, it just happened last week.
According to Iowa law, Keith Furne, 35, should have had his license suspended in March 2017, after the criminal charges were filed in February.
The Linn County Court Clerk's office sent a notification March 22, 2017, to the Iowa Department of Transportation, as filed in court records. But Iowa DOT officials told The Gazette this week they never received the paperwork in the mail last year.
Andrea Henry, an Iowa DOT spokeswoman, confirmed Furne eventually was given notice and his license was suspended last week, May 17.
But the fact Furne doesn't have a valid driver's license - or that he was convicted April 18 of two felony counts of homicide by vehicle and one count of reckless driving resulting in serious injury - is not currently having an impact on his employment with the city of Cedar Rapids.
City officials say a valid driver's license isn't required for his position as coordinator of the Tuma Soccer Complex, a public sector job that pays $31.09 an hour.
Furne returned to work with the city last month, following his trial and conviction.
Dennis Kleen, Iowa DOT's Fatal Analysis Reporting System manager, said this week that the 62 clerks of court serving Iowa's 99 counties mail or fax notices to the department's motor vehicle division when a person has been charged with homicide by vehicle.
A warning then is sent to an offender, saying his or her license will be suspended in 10 days.
Kleen said he doesn't know what happened in the Furne case, except the division has no record of ever receiving the court's notice.
First Assistant Linn County Attorney Nick Maybanks, who prosecuted Furne, said he was contacted by the Iowa DOT last month and as a result sent verification of Furne's charges to the department on May 1,
An Iowa DOT official told him that The Gazette had contacted the agency last month, asking about a possible suspension in light of Furne's conviction - of which they were unaware until the newspaper's call.
Kleen acknowledged he couldn't say this sort of mistake never happens, but doesn't remember it being an issue.
'We probably have less than 20 suspensions a year for vehicular homicide,” Kleen said.
Roxann Repstein, Linn County clerk of court, said she wouldn't be aware if problems arise because the clerks never receive confirmation from the Iowa DOT after a notice is sent anyway.
Kleen said once Furne is sentenced and the order is sent to Iowa DOT, his license will be revoked for at least a year.
Furne is set to be sentenced June 4 in Linn County District Court and faces up to 25 years in prison.
Kleen said there shouldn't be an issue over Furne's license revocation because the court electronically sends word of convictions to the Iowa DOT. He said the suspension notices, on the other hand, are not sent electronically because there is no format or program for them. He speculated the number of cases probably doesn't warrant a change at this time.
Sandi Fowler, the city of Cedar Rapids interim human resources director, told The Gazette last month that when Furne returned to work, he faced no restrictions and he wasn't prohibited from operating city-owned vehicles or equipment after his arrest or his conviction.
Fowler noted last week that Furne now will not be permitted to drive any city vehicles without a valid license.
Furne, who was hired in 2002, continued in his city position up until his trial. He went on paid flex leave April 9, and then on paid administrative leave April 20, until he returned to work April 27, according to city officials.
Fowler declined to answer when asked if Furne would remain on the job if he receives probation next month.
The defense likely will argue for it but prosecutors will seek prison.
'The City doesn't comment or speculate on confidential personnel matters,” Fowler said in an email.
In his job, Furne coordinates the operation and maintenance of the soccer complex, including program and staff direction, and building and grounds maintenance, according to a job description.
The complex consists of 110 acres with 33 soccer fields, two football fields, concessions and thousands of games each year.
Furne was leaving the complex just before the fatal crash Nov. 3, 2016, driving his personal vehicle, a Chevrolet Silverado, and using a personal cellphone, according to testimony.
Evidence at trial showed he was driving west on County Home Road until just before crashing into the back of a stopped Chevrolet Aveo, driven by Jennifer Perez of Belle Plaine.
According to cellphone records at trial, Furne was texting up to the moment of impact. He was going 60 mph a half-second before the crash and never braked, based on the truck's data retrieval system.
Perez's daughters Selena Apodaca, 16, and Isabella Severson, 13, died in the crash. Her daughter Elysia Severson, now 16, was permanently injured, and Perez and daughter Mia, now 6, also were hurt.
l Comments: (319) 398-8318; trish.mehaffey@thegazette.com
(File photo) Keith Furne speaks with his attorney Alfred Willett during his trial at the Story County Courthouse in Nevada, Iowa, on Thursday, April 12, 2018. Furne is charged with reckless driving resulting in serious injury and two counts of homicide by vehicle in the 2016 vehicle crash that killed Selena Apodaca, 16, Isabella Severson, 13, and seriously injured their mother Jennifer Perez and her other daughters, Elysia Severson, 14, and a 4-year-old. (Jim Slosiarek/The Gazette)