Two years ago, while drinking and driving, Dylan Kaskinen killed a 13-year-old girl riding in his car in Wright County.

Kaskinen, now 20, avoided going to prison, instead getting a year in the county jail in the death of Krysta Jo Mozena.

After violating probation -- including testing positive for marijuana several times -- Kaskinen on Monday again avoided prison as Wright County District Judge Jonathan Jasper sent him to a drug and mental illness treatment program at St. Cloud Hospital.

"I'm not surprised," said Julie Mozena, Krysta's mother, who attended the probation violation hearing. "That's just the way the system works, unfortunately. It's very frustrating."

Kaskinen, who has admitted to the probation violations, pleaded guilty last year to felony criminal-vehicular homicide and gross misdemeanor criminal-vehicular operation.

He was given a stayed four-year prison sentence. He also got a year in jail and 10 years' probation, a chemical dependency assessment and random drug and alcohol testing

On Monday, Kaskinen told the judge that he had not completed the assessments or received treatment. He gave no explanation.

Kaskinen asked for leniency after saying he understood why people want to see him more severely punished for the crash, which also injured a 6-year-old girl and other teens riding in his car.

"I just want to ask the court to give me a second chance," Kaskinen said quietly.

Fighting MADD

Also at the hearing were Krysta's twin sister, Kayla, and Diane Homa, a victim's advocate for Mothers Against Drunk Driving (MADD).

"He got a break the first time," Homa said after the decision. "He killed a child and he spent a year in jail. He has violated his probation twice ... and he's still not going to prison."

The court proceedings have been especially difficult for Julie Mozena. More than two decades ago, her father was killed by a drunken driver, she said.

That memory and the loss of her daughter were enough to get her to once more ask the judge to give Kaskinen a stiffer sentence. She and Kayla submitted a notebook to Jasper detailing how difficult Krysta's death has been on them.

Although the judge acknowledged reading the notebook, he ultimately decided to send Kaskinen to treatment instead of prison. Kaskinen is due back in court in late October to see how the treatment turned out.

"We'll be here for the next hearing," Julie Mozena said. "You don't learn a lesson by only going to jail for a year."

Homa said the case is a perfect example of why the group is concerned about lowering the drinking age to 18.

Kaskinen was 18 when he flipped the car he was driving on July 19, 2006. He had given alcohol to Mozena and two other teenage girls before the crash, according to court documents.

Kaskinen did not have a driver's license, but he volunteered to drive after a second teenage boy with the group said he was too drunk to drive. On the way home, Kaskinen stopped to buy marijuana.

He told police he didn't remember the crash and must have fallen asleep. His blood-alcohol concentration two hours after the crash was .003, which meant it was more than 0.06 at the time of the crash, court documents said.

"Right now we have 21-year-olds buying for 18-year-olds," Homa said. "If we lower the drinking age, we'll have 18-year-olds buying for 14-year-olds."

Heron Marquez Estrada • 612-673-4280