AUBURN - A 21-year-old man who fled the scene of a fatal 2006 motor vehicle accident was granted youthful offender status during his sentencing in Cayuga County Court Thursday despite pleas for a harsher penalty from the victim's family and friends.
Monroe County Judge Thomas M. VanStrydonck, who presided over the case, said his job was not to give out retribution on behalf Timothy Hutchings' family, but to ensure a fair punishment was given to the defendant who was responsible for the 19 year old's death.
VanStrydonck, who overseas all the courts in New York state's judicial district, which includes Cayuga County, took over the case after Cayuga County Judge Mark Fandrich recused himself.
“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.”
VanStrydonck also sentenced the driver to 60 days in the Cayuga County Jail with five years of probation.
The Citizen does not identify defendants who have been granted youthful offender status. Youthful offender status seals a defendant's criminal proceeding, effectively expunging a conviction from their record.
The driver, who was 18 at the time of the accident, 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 man 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.
Cayuga County District Attorney Jon Budelmann said that according to a medical examiner's report, Hutchings, who was a passenger in the defendant's vehicle, could have been alive for up to an hour after the accident, and could have survived with immediate medical attention.
Budelmann said the accident happened at approximately 2:30 a.m., and that the defendant made at least six phone calls within the next hour. None of those calls were to police or emergency responders.
The accident was not discovered until 7 a.m., Budelmann said.
Budelmann requested a 1.3 to four-year prison sentence without youthful offender status in light of the defendant's actions.
“Is it fair to shield (the defendant) from his conduct when nothing will shield Mr. and Mrs. Hutchings from their pain,” Budelmann asked the judge.
“He made selfish decisions all night ... He left a seriously injured friend behind to die.”
Sal Piemonte, the driver's defense attorney, refuted Budelmann's claim and said there was little that could have been done to save the victim's life.
“In all due respect, that is not the truth,” Piemonte said of Budelmann's comments. “Mr. Budelmann and (former Cayuga County District Attorney James) Vargason both have in their files the medical examiner's report that clearly opines that Mr. Hutchings may have survived for a few minutes, if at all ... The sooner we all come to grips with that, the sooner we can heal.”
Before VanStrydonck issued his sentence, the victim's mother, Wendy Hutchings, addressed the driver as he wiped away tears and shifted his gaze back-and-forth between herself and a nearby table.
“What do I say to the person who killed my son,” a tearful and sobbing Hutchings said. “All I want to know is why, why, why did you leave the scene? I see a little remorse now, is it because you're looking at me?”
The defendant continued to wipe away tears onto his shirt or jeans as he spoke to the family.
“I know that nothing I can say will ever help you get over this,” the defendant said. “You guys I think about every day. I feel horrible for what has happened. I really do from my heart. If I could take it back, I would in a second. I truly mean that.”
Richard Luciani, a sentencing specialist who prepared a court pre-sentencing report on behalf of the driver, said he believed the defendant was truly remorseful for his actions.
After the accident, Luciani said the defendant moved to Albany and sought counseling for post traumatic stress-like symptoms associated with knowing he caused his friend's death.
While he understood why the Hutchings believed the defendant got off easy, Luciani said there were mitigating factors the judge took into consideration before sentencing.
In preparing his court report, Luciani said he showed the defendant had no prior criminal record, acquired his General Equivalency Diploma in 2007 and enrolled into Hudson Valley Community College, volunteered at the Albany-area YMCA and interned at an Albany-area broadcasting company as he attempted to rebuild his life.
Several business and education professionals also vouched for the defendant's potential to be a productive member of society, Luciani said,
“People put their reputation at stake for (the defendant), and that says a lot about his character,” Luciani said. “The strong prospect of rehabilitation was key to receiving youthful offender ... The judge could have cut the pie and denied youthful offender status and still given 60 days in jail, but the big picture is that (he) proved himself in the eyes of the court.”
While he did go against Budelmann's request, VanStrydonck was quick to point out the severity of the driver's actions.
“While cowardly acts are not necessarily the acts of a true coward, the defendant will have to live his life knowing he did not do right by his friend,” he said.
“Because of your actions, your friend will not be spending any time in any summer with his family. I ask you to consider why you took the cowards way out.”
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
VanStrydonck, who overseas all the courts in New York state's judicial district, which includes Cayuga County, took over the case after Cayuga County Judge Mark Fandrich recused himself.
“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.”
VanStrydonck also sentenced the driver to 60 days in the Cayuga County Jail with five years of probation.
The Citizen does not identify defendants who have been granted youthful offender status. Youthful offender status seals a defendant's criminal proceeding, effectively expunging a conviction from their record.
The driver, who was 18 at the time of the accident, 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 man 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.
Cayuga County District Attorney Jon Budelmann said that according to a medical examiner's report, Hutchings, who was a passenger in the defendant's vehicle, could have been alive for up to an hour after the accident, and could have survived with immediate medical attention.
Budelmann said the accident happened at approximately 2:30 a.m., and that the defendant made at least six phone calls within the next hour. None of those calls were to police or emergency responders.
The accident was not discovered until 7 a.m., Budelmann said.
Budelmann requested a 1.3 to four-year prison sentence without youthful offender status in light of the defendant's actions.
“Is it fair to shield (the defendant) from his conduct when nothing will shield Mr. and Mrs. Hutchings from their pain,” Budelmann asked the judge.
“He made selfish decisions all night ... He left a seriously injured friend behind to die.”
Sal Piemonte, the driver's defense attorney, refuted Budelmann's claim and said there was little that could have been done to save the victim's life.
“In all due respect, that is not the truth,” Piemonte said of Budelmann's comments. “Mr. Budelmann and (former Cayuga County District Attorney James) Vargason both have in their files the medical examiner's report that clearly opines that Mr. Hutchings may have survived for a few minutes, if at all ... The sooner we all come to grips with that, the sooner we can heal.”
Before VanStrydonck issued his sentence, the victim's mother, Wendy Hutchings, addressed the driver as he wiped away tears and shifted his gaze back-and-forth between herself and a nearby table.
“What do I say to the person who killed my son,” a tearful and sobbing Hutchings said. “All I want to know is why, why, why did you leave the scene? I see a little remorse now, is it because you're looking at me?”
The defendant continued to wipe away tears onto his shirt or jeans as he spoke to the family.
“I know that nothing I can say will ever help you get over this,” the defendant said. “You guys I think about every day. I feel horrible for what has happened. I really do from my heart. If I could take it back, I would in a second. I truly mean that.”
Richard Luciani, a sentencing specialist who prepared a court pre-sentencing report on behalf of the driver, said he believed the defendant was truly remorseful for his actions.
After the accident, Luciani said the defendant moved to Albany and sought counseling for post traumatic stress-like symptoms associated with knowing he caused his friend's death.
While he understood why the Hutchings believed the defendant got off easy, Luciani said there were mitigating factors the judge took into consideration before sentencing.
In preparing his court report, Luciani said he showed the defendant had no prior criminal record, acquired his General Equivalency Diploma in 2007 and enrolled into Hudson Valley Community College, volunteered at the Albany-area YMCA and interned at an Albany-area broadcasting company as he attempted to rebuild his life.
Several business and education professionals also vouched for the defendant's potential to be a productive member of society, Luciani said,
“People put their reputation at stake for (the defendant), and that says a lot about his character,” Luciani said. “The strong prospect of rehabilitation was key to receiving youthful offender ... The judge could have cut the pie and denied youthful offender status and still given 60 days in jail, but the big picture is that (he) proved himself in the eyes of the court.”
While he did go against Budelmann's request, VanStrydonck was quick to point out the severity of the driver's actions.
“While cowardly acts are not necessarily the acts of a true coward, the defendant will have to live his life knowing he did not do right by his friend,” he said.
“Because of your actions, your friend will not be spending any time in any summer with his family. I ask you to consider why you took the cowards way out.”
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
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Post your comment - click hereThere are 23 comment(s)
Farmer's Gal wrote on Jun 26, 2009 6:18 PM:
Farmer's Gal wrote on Jun 26, 2009 6:17 PM:
Your anger and distress is understandable, but destroying another life will not bring Tim Hutchings back. This is not a hardened criminal or a repeat offender -- this is a young man who made a fatally wrong error in judgment which will haunt him and every other person in the car that night for the rest of their lives -- as well as the families of the people in that car. If he had no conscience, and no chance of reform, I'd line right up with you and say Throw away the key. But that does NOT appear to be the case.
I'll repeat what I posted the other day:
Few convicts truly have a chance at reform -- usually it's just a joke -- "Correctional Facility," yeah, right. But in this case, I think the judge chose wisely as well as bravely. Nothing will bring back a dead son. Nothing will erase the shame and horror of this other young man knowing for his whole life that he was utterly and completely responsible for the death of his friend, but unlike most individuals who are responsible for the death of another, this is a person who stands a chance of learning from his horrible, horrible mistake. The judge really got it right when he said that the sentence is no measure of the life lost -- it reflects the necessity to recognize responsibility, and also the likelihood of reform.
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. "
horseradish wrote on Jun 26, 2009 4:44 PM:
factsonly wrote on Jun 26, 2009 4:40 PM:
horseradish wrote on Jun 26, 2009 4:39 PM:
if you don't like it, do something about it, but this kid didn't get off any easier than anyone else. "
AuburnNY13021 wrote on Jun 26, 2009 3:39 PM:
factsonly wrote on Jun 26, 2009 2:25 PM:
Everything you stated....is OPNION. Learn the difference, and then we'll talk. "
FS II wrote on Jun 26, 2009 12:09 PM:
factsonly wrote on Jun 26, 2009 11:51 AM:
me wrote on Jun 26, 2009 11:45 AM:
He is certainly guilty of more than 60 days in county jail. "
Country Writer wrote on Jun 26, 2009 11:34 AM:
factsonly wrote on Jun 26, 2009 11:14 AM:
You got awfuly quiet there....I mean afterall....don't let the facts interfere with the hype right? "
factsonly wrote on Jun 26, 2009 10:50 AM:
Fact: The defendant was indicted for Manslaughter under the theory that he left the victim to die w/o medical attention.
Fact: That charge was dismissed for insuffucient evidence.
Fact: The Cayuga county DA's office appealed that decision.
Fact: The Appellate Division AFFIRMED the lower courts decision saying they agree, there was no evidence of that.
Fact: The DA's office then tried to Appeal to the Court of Appeals, the HIGHEST court in the state.
Fact: That application was denied.
Fact, when asked in Court if he knew the victim was badly injured the defendant stated, and I quote, "I thought he was dead".
Conclusion???....
Need I go on????? "
factsonly wrote on Jun 26, 2009 10:39 AM:
The Bone wrote on Jun 26, 2009 10:30 AM:
me wrote on Jun 26, 2009 10:23 AM:
stick wrote on Jun 26, 2009 10:18 AM:
factsonly wrote on Jun 26, 2009 9:35 AM:
What I'm saying is that the recuurent theme here seems to be that the DA CLAIMED that the young man was "left to die" and that no doubt causes alarm. If that were true, I would agree that the sentence was too lenient. If you look at the history of this case, it is obvious that that allegation is NOT true. Previous articles point out how the court threw out charges relating to that claim because there was no evidence of that.
All I'm saying is it wouldn't be the first time that the DA's office made allegations that they just can't back up. "
movedsouth wrote on Jun 26, 2009 8:58 AM:
6 Phone calls in the next hour, and he was found by joggers. "
FS II wrote on Jun 26, 2009 8:49 AM:
factsonly wrote on Jun 26, 2009 8:38 AM:
And what ends up happening the other 10% of the time? Oh....I know.......the very credible DA's office ends up convicting an innocent person and we the tax payers shell out major bucks al la Roy Brown....right? "
stick wrote on Jun 26, 2009 8:00 AM:
90% of the time they get away with it. "
CayCtyVoter wrote on Jun 26, 2009 1:42 AM: