TOOELE COUNTY, Utah (ABC4) – An Ogden man has been sentenced to serve time in prison after pleading guilty to driving under the influence and killing a jogger in Erda in 2020.

Max Pagano, 48, has been sentenced to up to five years in prison for a third-degree felony charge of DUI and one year in jail for a misdemeanor charge of negligent homicide. The court ordered the time be served immediately.

Pagano accepted a plea deal in January, amending his original charge of one second-degree felony count of automobile homicide.

In his guilty plea, Pagano admitted to hitting and killing 40-year-old Grant Goodwin just before 6:30 a.m. on Aug. 20, 2020. Pagano said he was driving to work when he struck Goodwin, claiming it was dark and that he did not see him. According to court documents, Pagano also admitted he had been drunk the night before and had a BAC of 0.125 at the time of the crash.

Police believe Goodwin was jogging along SR-36 at Cimarron Way when he was struck by Pagano. Goodwin was found lying on the shoulder of the road and had died of his injuries at the scene of the crash.

At the time of the incident, Pagano told police he saw something and attempted to brake and swerve to avoid it. Initially, Pagano thought he hit a deer. Pagano reportedly had not realized he hit a person until he stopped and walked back to where Goodwin was.

A hearing for restitution has been scheduled for July 18.