WAHPETON, N.D. (Wahpeton Daily News) – The memory of Bailey Bernstein and her legacy will be kept alive by friends and family who have organized a scholarship in her name in Wahpeton.
However, it has been a roller-coaster of emotions in the community during the last year waiting for the results of the case against Chad Olson, 53, of Wahpeton who was charged with driving a truck under the influence of alcohol after Bernstein was struck and killed.
On Tuesday, the legal ride ended, but not before a tense two hours of speakers with emotional and detailed statements read from Bernstein’s parents, family members and friends. Olson also gave a brief apology.
Olson bypassed a trial by entering a guilty plea to both of his original charges, and was sentenced to 10 years in prison for each charge.
However, Richland County Court in front of District Court Judge Bradley A. Cruff said Olson will serve those sentences at the same time and that he only has to serve five years with the other five years suspended.
Cruff said Olson will get credit for 342 days he has already served on house arrest.
Olson will serve three years of supervised probation upon release, which include the conditions of no alcohol and no contact with the Bernstein family.
Cruff’s decisions came immediately after victim impact statements were read in court.
On Oct. 12, 2023 at 7:20 p.m. in Wahpeton, Bernstein, 20, was struck by Olson’s vehicle while walking on 11th Avenue South with her mother, Christy Bernstein. Bailey Bernstein died on Oct. 15, 2023.
Olson was out on $50,000 bond, charged with criminal vehicular homicide-felony involving a motor vehicle, a Class A felony, and duty in accident involving death or injury-death, a class b felony. However, last week he was spotted driving a vehicle and with a warrant out for violating terms of his probation, he turned himself into jail days before his sentencing.
Before the decision, an uncle was going to speak to the media after the sentencing. During the sentencing, as Cruff spoke, the family became more and more upset with his reasoning for the five years in prison and their displeasure with the laws and legal system.
The two-hours of statements also emotionally defeated Bailey’s father, Jon Bernstein. His wife, Christy Bernstein had talked in court with great detail about the sights and sounds of her daughter getting struck and eventually dying. About 15 minutes after Cruff’s decision, Bailey’s father, Jon Bernstein, who was asked for his reaction, told reporters, “I just came over to apologize, we are going through a lot right now.”
During the statements, Olson, dressed in the Richland County Jail jumpsuit, looked straight ahead where the judge was sitting and occasionally dropped his chin into his chest.
Over the last year, there were concerns by the Bernstein family as Olson’s attorney, Mark A. Friese of Fargo, made statements in court that what happened did not justify the charges.
In court on Tuesday, Friese’s statements were met with negative reactions as he said Olson was “a compassionate, hard working and talented person” who held several jobs.
Olson spoke and apologized and said he knows he can’t take back his actions.
Before the sentencing, Richland County State Attorney Megan Kummer told the Daily News she met with the Bernstein family to go over the plea and said “there will be severe consequences.”
For Kummer, she was able to get a guilty plea to the original charges without a deal to drop one of the two charges or have Olson enter a guilty plea to a lesser charge.
A scholarship fund has been set up for Bailey, and donations can be sent to Bell Bank at 717 2nd Avenue N Wahpeton, N.D. 58075.
Here is the full statement from Bailey Bernstein’s uncle, Shad Bernstein for the family:
“On October 15th, 2023, the world lost a truly remarkable person: Bailey Bernstein of Wahpeton, North Dakota, just shy of her 21st birthday.
Bailey was more than just a young woman with an incredible future ahead of her—she was a force of positivity, a natural leader, and a deeply compassionate individual whose presence was felt by everyone around her. Bailey had the rare gift of making everything she touched better. She knew the perfect thing to say, the right thing to do, and how to approach life with the wisdom and maturity that went far beyond her years.
Bailey was the heart of every community she was part of. She was the first to volunteer, the first to roll up her sleeves and do the hard work, and she always made sure to balance work with joy. She worked as hard as she played, and no matter the situation, she brought people together. Bailey had friends from all walks of life, each with different interests, and she was the glue that held them all together. Her energy was magnetic, and she was the pillar that others leaned on for support.Now, that pillar is gone.
The blocks of friendship, connection, and community that Bailey helped build are still standing, but they are weaker, struggling without her. Her memory is still with us, guiding us to ask, “What would Bailey do?”—but it is not the same. The world is missing her light, her laughter, her wisdom, and her endless capacity for love.
Bailey’s future was limitless. She was on track to become absolutely anything she could dream of, and there was no doubt she would have succeeded in all she pursued. But every opportunity she had has been stolen from her, and from those who loved her. Her family, her extended family, her professional community, and her vast circle of friends—all of us are grieving the loss of a person who made life better simply by being in it.
This unimaginable loss was not the result of fate or circumstance; it was the result of a choice. A choice made by Chad Olson, who chose to drive while intoxicated. It was one of many poor choices in his life, but this one cost Bailey Bernstein her life. His decision has caused irreparable harm. The life of a brilliant, compassionate, and driven young woman has been cut short, and those who loved her are left to pick up the pieces.What makes this tragedy even more painful is the complete lack of remorse and accountability that Chad Olson has shown. His reckless decision shattered countless lives, yet he has not acknowledged the depth of his wrongdoing. His failure to take responsibility for his actions only deepens the suffering of those left behind. This absence of remorse dishonors Bailey’s memory and makes it clear that the system must hold him fully accountable to prevent further tragedies.
We can only hope that the justice system will remember Bailey Bernstein and her loss the next time Chad Olson makes another reckless choice. His pattern of poor decisions may continue, but the system has the responsibility to ensure no one else suffers the same fate as Bailey.
The world is undeniably darker without her in it, and the hole left in our lives will never be filled. We pray that no other family has to endure the same heartbreak we are experiencing now, and that justice is served in her memory.
Bailey Bernstein will never be forgotten, but the pain of her absence is a burden we will carry forever.”
(Reporter John Anderson contributed to this story)
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