AUBURN -- Several friends and family members of Timothy Hutchings, who died after two of his friends abandoned him during a 2006 motor vehicle accident, pleaded in Cayuga County Court Thursday for a harsher sentence for the driver in the accident.
"(Tim) is gone forever. In closing, the legal system has failed grossly," said Cher Guariglia, the mother of Hutchings' girlfriend, as she wiped away tears. "There was something to be learned from this."
Despite the requests, Judge Thomas M. VanStrydonck said he had to find a balance between justice for the victim's family and rehabilitation for the defendant.
In the interest of justice, VanStrydonck said he believed youthful offender treatment for the 21-year-old driver, who was 18 at the time of the accident, with 60 days in the Cayuga County Jail and five years of probation was appropriate.
"There are some here who have said that sentencing (him) less than the maximum allowed would devalue Tim's life," VanStrydonck said. "Let me emphasize that no sentence handed down today is a measure of Tim's life. ... It is expecting too much from the sentencing process and may devalue Tim's life on its own."
The Citizen does not identify defendants who have been granted youthful offender status. Youthful offender status seals a defendant's criminal proceeding, effectively expunging it from their record.
The driver was promised youthful offender status when he pleaded guilty on June 5 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, the driver 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.
For more on this story, read Friday's edition of The Citizen.
Despite the requests, Judge Thomas M. VanStrydonck said he had to find a balance between justice for the victim's family and rehabilitation for the defendant.
In the interest of justice, VanStrydonck said he believed youthful offender treatment for the 21-year-old driver, who was 18 at the time of the accident, with 60 days in the Cayuga County Jail and five years of probation was appropriate.
"There are some here who have said that sentencing (him) less than the maximum allowed would devalue Tim's life," VanStrydonck said. "Let me emphasize that no sentence handed down today is a measure of Tim's life. ... It is expecting too much from the sentencing process and may devalue Tim's life on its own."
The Citizen does not identify defendants who have been granted youthful offender status. Youthful offender status seals a defendant's criminal proceeding, effectively expunging it from their record.
The driver was promised youthful offender status when he pleaded guilty on June 5 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, the driver 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.
For more on this story, read Friday's edition of The Citizen.
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Post your comment - click hereThere are 18 comment(s)
creed wrote on Jun 25, 2009 11:22 PM:
ethan wrote on Jun 25, 2009 10:12 PM:
quicktojudge wrote on Jun 25, 2009 10:00 PM:
After listening to others, the rumors say that both young men had issues. And, both men,in different ways died at that scene that night. My hope is that the young man who physically survived will be able to emotionally handle living a productive life, with a quiet awareness in his soul he was given another chance to make something of his life. I hope all parties involved in this incident have learned life lessons and become better citizens for it. So much to the situation that we may never know or understand. "
FS II wrote on Jun 25, 2009 9:28 PM:
movedsouth wrote on Jun 25, 2009 8:14 PM:
18 Years old without license. One has to wonder why he had no license. Almost sounds like there were prior problems. No way can I rationalize this sentence. "
RosieD wrote on Jun 25, 2009 7:19 PM:
octoberic wrote on Jun 25, 2009 6:45 PM:
We all know that he has to go on living his life with the guilt of what he did. That's common sense. But, he should also go on living his life with far more and severe punishment for what he did. Young or not, scared or not, he killed someone!!!!!
My heart goes out to Hutch and his friends and family. It's not right.
Why would a judge promise anything like that? It's insane. It's wrong.
Proper rehabilitation only comes with proper punishment. He'll grow to know what he got away with and only done something else in the future.
You people that praise him and the judge need 5 years probation just for supporting it!!!!! He's a murderer!!! "
movedsouth wrote on Jun 25, 2009 6:29 PM:
AJ wrote on Jun 25, 2009 5:52 PM:
da office a joke wrote on Jun 25, 2009 4:49 PM:
Farmer's Gal wrote on Jun 25, 2009 3:54 PM:
As Voter says, now we watch to see what the driver does with the young life he has been granted to live in freedom after his 60 days. That will be the measure of his adult person and whether he can take a terrible tragedy of his making, learn from it and grow into a good and responsible person. Years from now, will he be able to look back and say to his friend who is gone, "Look, Tim, what I have done with this life -- I can't give you yours back, but I can do the best I can with the one I've been granted, in your honor and your debt. "
Orion wrote on Jun 25, 2009 3:45 PM:
A Voter wrote on Jun 25, 2009 3:15 PM:
stick wrote on Jun 25, 2009 2:55 PM:
movedsouth wrote on Jun 25, 2009 2:49 PM:
factsonly wrote on Jun 25, 2009 2:48 PM:
Were you there? I was. His comments were right on the mark. The man had substantial courage, so did the defense cousel for telling it like it is. Mind you....I have no interest in the outcome. "
RAP wrote on Jun 25, 2009 2:25 PM:
Mamimbe wrote on Jun 25, 2009 2:14 PM:
Human life means that little that Timothy Hutchings family has to live with that on top of losing a son. Don't hand me this bull he was young. He was old enough to know what he did and run. "