JEFFERSON COUNTY, Mo. ( -- Paul and Joann Scaglione were on their way home from their regular Friday lunch when they were hit by a drunk driver in late November, according to Missouri Highway Patrol.

Richard Nicely mugshot 12/9

Richard Nicely was taken into custody Monday night.

Paul, 88, died from the crash. His wife Joann, 87 suffered broken ribs and a concussion.The crash happened November 29 at 12:30 on Highway B near Klondike Farms Road. The couple was just a few miles from their home in Dittmer.

According to charging documents, Nicely admitted to police that he drank vodka beforehand. Deputies found two bottles of alcohol inside the van -- one completely empty and another halfway filled with alcohol.

Richard Nicely, 33, is facing charges of second-degree murder, DWI-death of another not a passenger, DWI-chronic, DWI-serious physical injury and leaving the scene of an accident.

Court records show this is not Nicely’s first time being accused of driving under the influence. He is currently on probation from a 2017 aggravated DUI. He was released from jail in July after serving just 120 days.

“We just can’t make sense of it, just totally can’t make sense of it,” said Josephine Consiglio, Paul’s sister.

Jefferson County prosecutor Trisha Stefanski said Nicely received the sentence because it was his first felony DUI. Court documents from his 2017 DUI list his priors, including: a 2005 DWI, a 2006 driving with excessive blood alcohol content, and a 2012 DWI.

Becky Haley, a program manager with Mothers Against Drunk Driving, said shock treatment is often typical.

“Typically we do see a lot of felony offenders receive minimum 120 day shock treatment, if you will, hoping that by putting them in the Department of Corrections will shock them and they will come back rehabilitated,” said Haley.

He had multiple conditions of his probation including ignition interlock device, SCRAM alcohol monitoring bracelet, and a revoked license.

Investigators from the accident would not tell News 4 whether the car involved in the crash had ignition interlock or whether he was wearing his monitor.

Josephine said she hopes people remember her brother as a father, a husband, and as a person who would help anyone.

“He was a good man, we know he’s in heaven.”

Copyright 2019 KMOV (Meredith Corporation). All rights reserved

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