January 10, 2025 - Sonora, California –– Tuolumne County District Attorney Cassandra Jenecke announced on Thursday that on December 30, 2024, the DUI recidivist Tammi Lee Ann Truschke was sentenced to 5 years + 30 year to life in state prison for the DUI murder of James Kenyon Jr. 

Related: Tuolumne County District Attorney Announces Prison Inmate Carlos Hernandez Sentenced to 6 Years Plus 45 Years to Life for Murder at Sierra Conservation Center in Jamestown

On November 20, 2024, after a five-day jury trial, a jury found Ms. Truschke guilty of Second Degree Murder, Gross Vehicular Manslaughter while Intoxicated, and Driving Under the Influence Causing Great Bodily Injury. On November 21, 2024, Judge Kevin M. Seibert found the allegations that the defendant had suffered a prior DUI conviction true, that she had suffered a prior strike based upon an attempted robbery out of Oregon true, and found true all aggravating factors including: that the crime involved great violence, great bodily harm, threat of great bodily harm or other acts disclosing a high degree of cruelty, viciousness, or callousness; the defendant has engaged in violent conduct that indicates a serious danger to society, the defendant’s prior convictions are numerous or of increasing seriousness, the defendant has served a prior prison term, the defendant was on probation when the crime was committed and the defendant’s prior performance on supervision was unsatisfactory

The convictions arose out of a collision that occurred on May 11, 2023, when the defendant drove under the influence of alcohol and collided into the back of James Kenyon Jr.’s vehicle, sending Mr. Kenyon into oncoming traffic where he was struck by another vehicle in the area of Highway 108 west of Draper Mine Road. Mr. Kenyon died on May 13, 2023 as a result of the injuries suffered in the collision. Ms. Truschke’s blood alcohol level more than an hour after the collision was 0.13%. Ms. Trushke was also on probation for a DUI that she was convicted of on July 15, 2020, at the time of the collision. As a part of that conviction, she was advised about the dangerousness of driving while under the influence and that if she drove under the influence and killed someone, she could be charged with murder. Ms. Trushke also completed alcohol counseling, a victim impact panel, and the 18-month multiple offender DUI course through Kings View. She also had prior DUI convictions from Oregon and North Dakota.

At trial, the defendant claimed the accident was caused by an unidentified FedEx truck driver and that while she was sober when the accident occurred, she was so shaken that she consumed a large amount of alcohol while on scene, but before law enforcement arrived.

At the hearing on December 30, 2024, numerous family members submitted letters and gave statements remembering the kind and generous person Mr. Kenyon was. The defendant’s attorney made an oral request to strike the defendant’s prior conviction for Attempted Robbery in the state of Oregon. This would have reduced her sentence to 15 years to life in prison. After hearing the People’s opposition, Judge Seibert denied the defendant’s request and sentenced Truschke to the maximum sentence of 5 plus 30 years to life in prison.

After the sentencing, DA Jenecke emphasized, “James Kenyon Jr. will be forever missed by those who knew and loved him. His death was preventable. We hope that Truschke’s sentence brings some peace to his family and friends, and also serves as a warning to all those who continue to drink and drive in Tuolumne County despite knowing and understanding the danger. No one ever thinks it will be them, but it can be anyone. Do not be the person who takes themselves or another away from their families through the inherently dangerous act of drinking and driving.”

This case was prosecuted by DA Jenecke, James' family was served by Victim Witness Services Supervisor Kelsey Stone, and investigated by the California Highway Patrol - Sonora Area with assistance from the Tuolumne County District Attorney's Bureau of Investigations. 
Source: Tuolumne County District Attorney's Office