Woman admits hitting area man while using GPS

Posted Thursday, April 28, 2011 5:35 am

BRATTLEBORO -- A Massachusetts woman who hit a 71-year-old bicyclist two years ago in Dummerston, while searching for a place to eat on her GPS, was handed down a deferred sentence of 9 to 12 months in prison, all suspended, and 18 months probation.

Cherish Carlin, 21, pleaded guilty to gross negligent vehicle operation and reckless endangerment in the Windham Criminal Division of Vermont District Court Tuesday.

Carlin fought back tears throughout the hearing and said she is deeply sorry for her actions and the devastating consequences they had for Bradford Greene, of Dummerston, who was hospitalized for nine weeks following the accident.

"I am in no way defending what I did," Carlin said. "Had I known the consequences of my actions, I never would have gotten into the car that day."

Because the sentence was deferred, the felony charge will be removed from her previously nonexistent criminal record after 18 months if she abides by the conditions set by the court. The long list of conditions includes that she not be convicted of another crime and that she complete 20 hours of community service within 12 months.

If Carlin violates her conditions, she could be sentenced again and possibly face jail time, according to Windham County State's Attorney Tracy Shriver.

Carlin was ordered to pay $10,300 in restitution to Bradford Greene. One charge of negligent vehicle operation was dismissed by the state as part of the agreement.

Carlin's case has been delayed multiple times. The most serious charge against her was gross negligent operation resulting in serious injury.

That offense carries a maximum penalty of 15 years in prison and a $15,000 fine, and on Aug. 10, Judge Karen Carroll granted a motion by Carlin to dismiss the charge. On Dec. 18, Judge Katherine Hayes upheld Carroll's decision.

After the charge was dismissed by the Windham Criminal Division of the Vermont Superior Court, the Windham County State's Attorney's Office appealed to the Vermont Supreme Court in Montpelier.

On June 23, Carlin's attorney, Theodore Kramer, of Kramer Law Office, P.C., in Brattleboro, argued in front of five supreme court judges that the court made the right decision by dropping the charge.

His client's two seconds of inattention from the road did not, in this case, constitute "gross negligence," or "a failure to exercise even a slight degree of care," he said.

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But David Tartter, representing the State's Attorney's office, ultimately won the argument and the court reversed the dismissal of the gross negligent operation charge.

"It is precisely in close and fact-dependent cases such as this one where the jury, and not the trial court judge, is in the best position to weigh the facts and render a decision," the court's decision states. The charge was sent back to criminal court in Windham County, where it could have potentially gone to trial if an agreement was not reached.

Eva Greene, Bradford Greene's wife, addressed the court at the sentencing hearing Tuesday afternoon on behalf of her husband and asked the court to impose a longer sentence.

"We think three years probation on both charges would be appropriate," she said.

She said her husband and her entire family, including her 12-year-old son, have been put through an awful ordeal as a result of Carlin's choice to take her eyes off the road while driving on Route 5, where Bradford Greene was cycling well on the right-hand side of the white fog line.

While searching her GPS for a place where she and her boyfriend could eat lunch, she swerved off the traveling portion of the roadway, crossing the white line. Police investigation found that she slammed on the brakes and tried to avoid the man, but she hit Bradford from behind.

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Police reports indicate that Bradford was clearly visible to traffic at the time of the collision.

Greene said her husband was immediately rushed to Bay State Medical Center, where surgeons diagnosed him with five life-threatening injuries. He was in a coma for three weeks and still feels the effects of the accident to this day, she said.

Bradford has trouble using his right hand, cannot stand up for more than hour and still bears the scars from eight surgeries, Eva Greene said.

She thanked the medical staff who attended to her husband, and she said it's likely he would have died if it wasn't for the quick response of emergency responders.

Though Eva Greene asked for a longer sentence, Deputy State's Attorney Steven Brown said that after much consideration he believes the plea agreement is a suitable outcome.

"Three years would likely be a deal-breaker; if it was not 18 months, then we probably wouldn't have an agreement," Brown said.

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Carlin has one and a half years left of undergraduate studies and is considering applying to law school after she graduates, said Kramer. She is concerned that having a felony conviction on her record could interrupt her application process and financial aid, he said.

"She has no prior record and has been a responsible citizen in every respect with the exception of one mistake she made two years ago," he said.

"I learned a valuable lesson," Carlin said. "I'd like to teach young adults not to take that chance because it's not worth it. You never know what's going to be in front of you that you're not going to see."

Judge David T. Suntag said he felt the resolution was acceptable.

"With a guilty plea, she's accepted responsibility for the conduct and we can move on," Suntag said.

"For the victim, there are physical consequences that will probably never go away, and that is a tragedy," he added. "I don't know what to say about that except that I'm sorry."

Suntag pointed out that the conditions of Carlin's release require her to spend 20 hours of community service speaking to young drivers to educate them about the risks of using technology while operating a vehicle.

The reparative justice board may impose additional community service hours as it sees fit, the plea agreement states.

"It is possible that her talking to other people could stop someone from doing something like this. That's all we can really hope for out of all of this," Suntag said.

He encouraged the Greenes to engage in a healthy dialogue with Carlin through the reparative justice process. Kramer said he has been witness to Carlin's attempts to initiate contact with the Greenes and that they have resisted her efforts.

"I believe (speaking) can be quite beneficial, and I hope you think about it," Suntag told the Greenes.

Jaime Cone can be reached at jcone@reformer.com or 802-254-2311, ext. 277.