The family of the late Alex Ruiz reportedly left a Santa Rosa courtroom quietly Nov. 4 after learning the man convicted of felony drunken driving that resulted in their son’s death and the critical injury of two others may be given a reduced sentence when he shows up in court Dec. 2.

Dylan Morse, the 19-year-old son of the Merced County district attorney, was summoned to the courtroom of Judge Ken Gnoss after the judge apparently had a change of heart a month earlier, and announced he was reconsidering the sentence of a dozen years, four months he handed the youth in July.

Ruiz, 22, a Calistoga native and budding sound engineer just months away from his college graduation, died in the Valentine’s Day crash. A passenger in the vehicle with Ruiz was severely injured and injuries sustained by a passenger riding in Morse’s vehicle continue to keep that young man — a former student at Sonoma State University — confined to a nursing care facility.

Gnoss, who may decide to uphold the original sentence, told a nearly filled courtroom he would consider new material submitted by attorneys from both the prosecution and defense in addition to expressions he has received since the July sentencing, and perhaps issue a new ruling. His options range from assigning Morse to probation or lessen the sentence he currently faces. Gnoss may not increase the sentence.

Morse has been currently serving his sentence at Pleasant Valley prison near Coalinga, but will be housed at the Sonoma County jail until his Dec. 2 hearing.

According to published reports, Morse was all ears during the proceedings, as his attorney, Chris Andrian, classified Morse as “a fundamentally good kid” grateful for the opportunity at a second chance.

The parents of Morse’s victim, who will get no second chance — Michael and Lydia Ruiz — reportedly attended the hearing with a representative of Mothers Against Drunk Driving and left the courtroom without making a statement.

During Morse’s sentencing, Michael Ruiz — who, within days of his son’s death said he and his family could forgive Morse, but added that he should face the consequences of his actions — had called the original sentence “lawful.”

Morse could have been sentenced up to 15 years.

The Mothers Against Drunk Driving representative, Lynn Darst, has urged Gnoss to uphold his original sentence.

At the time of the original sentence, Gnoss said the sentence “… needs to send a strong message to the community that we will not tolerate, we will not accept, this kind of crime.’”

During the July sentencing hearing, Ruiz’s parents had stated they thought Morse should face a mid-range sentence, hoping more for “healing and transformation” rather than retribution.

The family of another of Morse’s victims, Ryan Spitzer, Morse’s passenger, said they thought the harsh sentence would likely do more harm than good.

In the days following the sentence, Gnoss faced harsh criticism in the court of public opinion. Letters to the editor in area newspapers criticized the judge, claiming he created yet another victim of the already tragic accident and accused Gnoss of “trying to make a name for himself.”

During sentencing, Gnoss outlined a night of bad decisions made by Morse and his passenger. He described the circumstances of the accident, recalling that Morse, after a night of drinking at a fraternity party that was shut down by police, went to another party, then used a fake ID card to purchase more alcohol at an area Safeway store less than an hour before slamming into Ruiz’s vehicle after running a red light on Stony Point Road.

“Alex made all the right choices that night,” said Vanessa King, 25, the passenger in the Ruiz vehicle. “He decided to be the designated driver and spent the night with his friends, dancing and enjoying music and not drinking.”

Ruiz died at the scene while his battered passenger remained trapped in the vehicle.

After the mid-July sentencing, Gnoss lawfully had 120 days to reexamine the sentence.

Because Morse is the son of a county prosecutor he has been held in a part of the prison away from the general population.

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