Mother avoids jail after DUI

An Onamia woman who crashed into a tree in Cloquet last year in an accident that killed her 3-year-old son was sentenced in Sixth District Carlton County Court Monday, but won’t serve any time in prison.

Misty Louise Mattinas, 27, pleaded guilty in October to criminal vehicular homicide, a felony, for driving while under the influence of alcohol. Twelve other charges were dismissed as part of the plea agreement.

The Cloquet police responded to the single-vehicle crash on the 1500 block of White Pine Trail on the afternoon of Nov. 8, 2020 and found a 2004 Chevy Impala on each side of the road. The vehicle left the rural Cloquet roadway and struck a tree, splitting the car in half. Her 5-year-old daughter was also in the car but was not seriously injured, but Mattinas’ son died at the scene. Both children appeared to have been in their car seats.

At the hospital, according to the criminal complaint, Mattinas told law enforcement she had been using and was distracted by her GPS at the time of the crash. She also admitted she had consumed cough syrup earlier and had been drinking Fireball whiskey, which was one of the bottles found at the scene.

In a departure from sentencing guidelines, Carlton CountyJudge Rebekka Stumme sentenced Mattinas to 57 months in prison, but stayed the sentence for seven years of supervised probation. The maximum sentence for criminal vehicular homicide is 10 years or $20,000 or both. Under the terms of the plea agreement, Mattinas must complete 200 hours community service and work with probation to speak at DWI clinics, victim impact panels, and schools.

Since the accident, Mattinas completed treatment at Mash-ka-wisen and has been living with her mother, stepfather and her now 6-year-old daughter, who is in their custody.

“... committing Ms. Mattinas to prison would provide no benefit to the community; the community would actually be harmed by the separation of a grieving and devastated mother from her young daughter who must also heal following this tragedy,” wrote Mattinas defense attorney Elizabeth Polling. Mattinas’ mother also wrote a supportive letter.