Driver pleads guilty for role in 2006 fatal crash

By Alyssa Sunkin / The Citizen

Friday, June 5, 2009 11:27 PM EDT

AUBURN - The driver in a fatal 2006 motor vehicle accident who fled the scene and abandoned injured passenger Timothy Hutchings, who later died, pleaded guilty in Cayuga County Court Friday for his role.
Judge Thomas M. VanStrydonck promised Nicholas Raymond, of Auburn, a sentence of 60 days in the Cayuga County Jail, five years probation and said he plans to grant him youthful offender status at the time of sentencing. Sentencing is scheduled for 11 a.m. June 25.

Raymond pleaded guilty to criminally negligent homicide and leaving the scene of a fatal motor vehicle accident without reporting, both felonies, as well as the vehicle and traffic infractions of an unlicensed operator, speed not reasonable and prudent, and failure to keep right.

During his allocution, Raymond admitted to driving a sport utility vehicle after drinking alcoholic beverages at a party Sept. 2, 2006. He also admitted to driving on Sand Beach Road in Fleming at speeds higher than what was reasonable that night.

He was 18 years old at the time of the crash.

Raymond had two passengers in the car - Hutchings and another male who was granted youthful offender status and received six months in jail for providing alcohol to other teenagers at a party earlier that night.

Following the crash, Raymond said he noticed Hutchings was “severely” injured in the back seat and said that he fled the scene without seeking help.

“I thought he was already dead,” he said.

Authorities found Hutchings dead in the car about four hours after the crash.

Cayuga County District Attorney Jon Budelmann asked the court to note for the record that the planned sentence for Raymond is “over our strong objections.”

Budelmann said that if there was a plea agreement on the table he could “have a say” in the sentence, but Raymond chose to plead guilty to every count on the indictment, and that places sentencing squarely in the judge's purview.

“There is nothing I can do,” he said.

But defense attorney Sal Piemonte said the promised sentence is appropriate.

“We think its an appropriate disposition given the true facts in this case,” he said, saying that, in all likelihood, Hutchings died either instantaneously or within a few minutes after the crash. A state Appellate Division court that tossed a more serious felony charge cited a medical examiner's report which determined Hutchings could have died any time between a few minutes from the accident to up to an hour later.

Piemonte noted that it has taken a long time to get to this point with the end near.

“It's been a long haul for everybody and we would like to see this case finally close,” he said. “Hopefully all concerned, all sides, will be able to move on with their lives. It's been a very difficult time for the victim's family and the defendant's family.”

Staff writer Alyssa Sunkin can be reached at 253-5311 ext. 239 or alyssa.sunkin@lee.net

The Citizens' Say

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There are 3 comment(s)

jane doe wrote on Jun 6, 2009 6:59 PM:

" \Who is Thomas VanStrydonck? I have never heard of him. His promise of 60 days to Nicholas Raymond is an absolute slap upside the head to law enforcement and justice. Speeding, underage drinking, leaving scene of accident, not seeking medical help for the injured who then died, driving without a license - youthful offender status? No one has to grant him youthful offender. He should be treated as an adult. He should be held a little more accountable for his tremendously overwhelming role in this death. The light sentence of 60 days does not send a message home to any other youth his age to think twice about any of the infractions he incurred, it does not uphold or coincide with any of the impact trying to made made with kids EVERYWHERE drinking, driving, driving wrecklessly, and ending in usually a fatality of a friend. (Gone-for-ever displays, Mock DWI reinactments at high schools as the prom/end of year is upon us). Throw this judge off the bench - Somebody needs to speak for Timothy Hutchings. This sentence might work for shoplifting at Walmart, but not for criminally negligent homicide. "

whereisjustice? wrote on Jun 6, 2009 9:47 AM:

" tough time for the defendants family? HE JUST GOT AWAY WITH KILLING SOMEONE AND LEAVING HIM TO DIE? tough time.. oh you poor, poor raymonds.. f That, you people have no idea what the VICTIMS family and friends have gone through for the past two and a half years! nick raymond shows no guilt, no remorse... this is the most f'ed up case i have seen by far "

terribletopher wrote on Jun 6, 2009 9:18 AM:

" The state needs to change the youthful offender status up to the age of 17 not 19.Mr.Raymond was 18 at the time of the accident.He's considered a legal adult then and should be doing state time not county time.That's a slap in the face to Timothy Hutchings and his family.Mr. Raymond is not much of a friend if he left Timothy to die.What an outrage.The city and county officals are corrupt. "

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