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An attorney described Ken Graeber’s life as a “self-imposed prison,” marked by psychological problems, the loss of his job and grief for the life he took.
Attorney Jim Jansen urged a judge Friday to take that pain into account as he sentenced Graeber, 48.
Douglas County District Judge Marlon Polk said there was no doubt that Graeber never intended to cause harm Sept. 5 when he invited six people for a boat ride. But the outing ended tragically when Graeber, who was drunk, crashed his 21-foot Ranger, killing Ed Mahoney, a 54-year-old respiratory therapist from Omaha.
Polk rejected Jansen’s request for probation, or house arrest at most, and sent Graeber to jail for six months. Graeber also must serve three years of probation, during which he must perform community service, attend counseling, participate for one year in Alcoholics Anonymous and write letters of apology to all the victims.
Before the sentence, Graeber offered a public — and emotional — apology to Mahoney’s widow, Kim, four daughters and other survivors.
“Please know that I pray for you every day,” Graeber told the Mahoneys, who sat across the room, crying and wiping their eyes. “Every morning I pray that your day is a little better than the day before.”
Graeber, who was fired from his job in the natural gas business after pleading guilty to manslaughter earlier this year, said he grieves for and with the Mahoneys. He offered help of any kind to the family.
“I can and will help you in any way I can — if you allow me to.”
Kim Mahoney told the judge she didn’t “seek vengeance against this man.” She and her children just wanted justice, she said: “We have to live with (Graeber’s) actions for the rest of our lives.”
Graeber didn’t know Mahoney before the boat ride. Mahoney was part of the group that Graeber, a former Husker, invited to board his boat following a Nebraska football victory.
The group was on the private Newport Landing lake west of Bennington when Graeber revved the boat up to 25 to 35 mph. As his nervous passengers yelled for him to slow down, he struck a seawall. Several people on board were injured.
Graeber’s blood-alcohol level after the crash tested at 0.135, far above the legal limit of .08 for drivers.
Contact the writer:
444-1116, judith.nygren@owh.com
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