Man sentenced to 15 years to life in DUI crash that killed Modesto police sergeant
A man was sentenced to 15 years to life in prison Monday after pleading guilty to killing an off-duty Modesto police officer in a DUI accident in August 2017.
Matthew David Gibbs, 36, of Modesto, pleaded guilty to murder, gross vehicular manslaughter while intoxicated and driving on a suspended license. He had originally entered a not guilty plea for the charges shortly following the incident.
Sgt. Mike Pershall was out riding his bike around 6 p.m. Aug. 22, 2017, when Gibbs’ car struck him on Merle Avenue, west of Fine Avenue near Dan Savage Middle School in east Modesto. Prosecutors said that Gibbs at the time had a blood alcohol level of about 0.30, nearly four times the legal limit.
During the sentencing, Judge Linda McFadden said Pershall’s death had an immeasurable effect on the community. She spoke about how many lives Pershall may have been able to save as a law enforcement officer, a hypothetical that will now never be realized.
“We’ll never be able to know the extent (of the loss) we’ve incurred because we’ll never be able to benefit from him being here,” McFadden said.
Gibbs told officers he had consumed five Bloody Mary drinks from 11 a.m. to 5 p.m. before getting behind the wheel that day, the prosecutor said during the hearing. He also said he’d driven after consuming alcohol about 30 times.
Two of those times resulted in DUI-related charges for Gibbs, The Bee previously reported. Gibbs was arrested in 2012 in Stanislaus County for a misdemeanor DUI charge with a blood-alcohol level of 0.26, but the charge was dismissed in 2014 because of a procedural error, the prosecutor said.
Gibbs convicted in Siskiyou County
In 2014, Gibbs pleaded no contest in Siskiyou County to driving under the influence with a blood alcohol content of 0.08 percent or higher. He admitted to an enhancement of having a BAC of 0.20 percent or higher. The Bee reported that a deputy district attorney said Gibbs was driving with a 0.37 BAC, which resulted in the Siskiyou conviction. Gibbs also pleaded no contest to driving on a suspended or revoked license.
After the facts of the case were presented Monday afternoon, Pershall’s loved ones read their victim impact statements. GIbbs didn’t move and looked mostly straight ahead or down. He wore a jail-issued outfit consisting of a white mask, black and white striped clothes and an orange vest.
Pershall’s oldest son, 20-year-old Jordan Pershall, spoke about how his father’s death shattered his family’s sense of security.
The boys were afraid for years to ride their bikes, worried that someone would hit them, too.
Jordan Pershall’s younger brother still slept with a road bike jersey their dad wore to keep that part of him close.
Jordan Pershall said he tried to cry when his mom and brother couldn’t see him to be strong for them. He said huge milestones, such as birthdays and his high school graduation, were especially difficult to cross without his dad there.
“Matthew Gibbs took away my best friend that evening,” Jordan Pershall said. “At 16 years old, I couldn’t enjoy life as a kid.”
Pershall’s mom: ‘You have stolen a father’s love’
Pershall’s mother, Gayle Pershall, said during her statement that she had been undergoing cancer treatment and was staying with Pershall and his wife when the incident occurred. She remembers she had just told her daughter-in-law how happy she was to be able to see Pershall hug his sons each day before he left for work.
“You have stolen a father’s love away from his sons,” Gayle Pershall said through tears. “Thank goodness we have memories to hold on to.”
McFadden told Gibbs everyone involved with the case was grateful he had chosen to enter a guilty plea and help the case reach a conclusion.
“It’s hard enough driving a car without making mistakes,” McFadden said. “You’re lucky you’re still just alive at that blood alcohol level.”
She also told GIbbs he is young enough he can still make a difference.
Following the hearing, Pershall’s family echoed McFadden’s belief that Gibbs could still have time in his life to help others.
Gayle Pershall said she felt relieved that her son’s death finally had a resolution in the justice system.
“We’re just happy it’s over,” Gayle Pershall said.
This story was originally published May 4, 2021 at 4:00 AM.
