From 30 Years In Prison To Probation

Formaldehyde

Both Fair And Balanced
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In just 3 years, 7 months, and 4 days...

http://www.tampabay.com/news/courts/criminal/article989066.ece

OCALA — William Thornton had been through this before.

He had pleaded no contest to vehicular homicide charges stemming from a 2004 car crash that killed two people in Citrus County.

He had believed the public defenders who promised that a judge wouldn't send him to prison. He landed there anyway on a 30-year sentence, then served three years, seven months and four days until a veteran defense attorney persuaded a different judge to throw out the conviction.

On Wednesday, Thornton stood before that judge and next to that attorney and again pleaded no contest to vehicular homicide.

The victims' families were still upset about their losses, still wanted him to pay.

But this time, after hearing nearly four hours of evidence and argument, Senior Circuit Judge William Swigert decided that Thornton didn't deserve to be considered a felon or spend decades in prison.

The retired judge sentenced Thornton, 21, to six years of youthful offender probation. Because he gets credit for the time he has already served, Thornton will spend about 28 months on probation.

He will not have a conviction on his record.

"I think this is a fair sentence," Swigert said.

The decision ended an ordeal that began late Dec. 28, 2004, when Thornton, then 17, skidded through a stop sign on a poorly lit, desolate road and collided with a sport utility vehicle. The SUV's driver, Brandon Mushlit, 25, and his girlfriend, Sara Jo Williams, 23, died after being thrown from the vehicle.

Thornton had no prior criminal record and no drugs or alcohol in his system at the time of the wreck. He did not have a driver's license.

He pleaded no contest just three weeks after his first meeting with a public defender and left his fate in the hands of Circuit Judge Ric Howard, who gave him the maximum penalty allowed.

The stiff sentence infuriated many in the community. Some people accused Howard, a white judge, of showing racial bias against Thornton, who is black.

Last summer, the case got new life after Stephen Romine, an attorney with Cohen, Jayson & Foster in Tampa, took up Thornton's cause at no charge to the young man's family.

Under Romine's questioning during a hearing last December, Howard said he would not have allowed Thornton to enter his plea had he known about the lack of investigation the teen's public defenders did on the case.

The judge's testimony prompted Swigert to find that the teen had been the victim of bad lawyering. The senior judge vacated the 30-year sentence and released Thornton from prison.

The serious charges still loomed. On Wednesday, lawyers reconvened before Swigert to determine whether the case could be resolved through a plea or should proceed to trial. This time, Thornton wore a tan suit instead of a jail uniform.

Assistant State Attorney Richard Buxman said Thornton should spend several more years in prison, followed by a long probation.

The judicial system had fixed the issue of Thornton's previous inadequate legal representation, Buxman said. But the prosecutor argued that the young man remained at fault for causing the fatal crash by speeding, running a stop sign and driving without a license.

Romine, however, said the crash was an accident, not a crime. Speed alone, he said, did not rise to the level of recklessness needed to prove vehicular homicide charges.

Mushlit's own family had called the stop sign that appeared without warning at the bottom of a hill "a hidden trap" when they sued the county after his death for failing to properly mark the roads, Romine said.

Thornton "drove into a trap," Romine said. "You can't assess a danger if you don't know a danger exists."

Romine also pointed out that neither of the victims wore seat belts at the time of the crash and that Mushlit had cocaine in his urine and a blood-alcohol level of 0.112.

After hearing his new sentence, Thornton turned to the victims' families. Earlier in the afternoon, they had accused him of seeming unremorseful.

He spoke so softly that they had a hard time hearing what he said.

"I apologize," he said. "I'm sorry for what happened. I've thought about it every day. I wish that you would forgive me."

Mushlit's and Williams' mothers walked out of the courtroom and said they didn't want to talk about the sentence.

But the dead woman's grandparents lingered inside. Hubert Siner, Sara Jo's grandfather, leaned over Thornton's mother and grandmother and said he was sorry for what they had gone through. He didn't hold a grudge against the young man, he said.

Grandmother Sarah Siner directed her words to Thornton.

"I forgive you," she said.

They both began to cry.

The justice system does work in this country. All it takes is enough public outrage and sufficient time for the facts to sink in...
 
Alright Ayatollah Amadeus.
So let's say I decide to fly an airplane (which I'm not licensed for) and kill a few people. Hey, I should get probation, right? I mean, it's not like I was in control of the airplane or anything!
 
So let's say I decide to fly an airplane (which I'm not licensed for) and kill a few people. Hey, I should get probation, right? I mean, it's not like I was in control of the airplane or anything!

That's a stupid analogy. Worse than my Piano Ship Talf one. And I was drunk when I wrote that.

There is no similar comparison to flying a plane at all.
 
There is no similar comparison to flying a plane at all.
It's a vehicle and it's being operated without a license... how about a motorcycle then? I don't have a motorcycle license either. Or a boating license. Or a hazmat license... what do you want?
 
It's a vehicle and it's being operated without a license... how about a motorcycle then? I don't have a motorcycle license either. Or a boating license. Or a hazmat license... what do you want?

Here's a better one.

It's like crashing your plane (which you don't have a license to operate) into another plane whose pilot is high and drunk because you we're speeding down the runway to take off and never got waived off by air traffic control. Why? Because the air traffic control tower's radio waves and visual observation are obscured.
 
It isn't worth 30 years. Dude could have shot them with a gun and got a lighter sentence than that.
 
Not for Brandon Mushlit and Sara Jo Williams.

You obviously have no clue what the word 'justice' even means:

Thornton had no prior criminal record and no drugs or alcohol in his system at the time of the wreck. He did not have a driver's license.

The judicial system had fixed the issue of Thornton's previous inadequate legal representation, Buxman said. But the prosecutor argued that the young man remained at fault for causing the fatal crash by speeding, running a stop sign and driving without a license.

Romine, however, said the crash was an accident, not a crime. Speed alone, he said, did not rise to the level of recklessness needed to prove vehicular homicide charges.

Mushlit's own family had called the stop sign that appeared without warning at the bottom of a hill "a hidden trap" when they sued the county after his death for failing to properly mark the roads, Romine said.

Thornton "drove into a trap," Romine said. "You can't assess a danger if you don't know a danger exists."

Romine also pointed out that neither of the victims wore seat belts at the time of the crash and that Mushlit had cocaine in his urine and a blood-alcohol level of 0.112.
 
I know it is easier for me to say this because I'm not connected to this case but I really do not understand what positive effects locking up that young man would have. This case is extremely tragic and I empathize with the victims' families but this seemed like an honest mistake. Thornton should not have been on the road and he shouldn't have run the stop sign, but the same could be said about Mushlit (and his gf) who shouldn't have been driving while intoxicated without wearing a seatbelt. Neither of them were suppose to be on the road that night and it's all a tragic accident.
 
A bit of background after the fact:

http://www.sptimes.com/2008/03/02/Columns/Raw_deal_gets_law_stu.shtml

In the past two years, nothing has flooded my e-mail basket or lit up my phone line more than the strange case of William Thornton IV.

In late 2005, Circuit Court Judge Ric Howard sentenced then-17-year-old Thornton to 30 years in prison for a car accident that killed two people in Citrus County. Thornton had no prior criminal record but was driving without a license.

The details led many of you to say the same thing: The punishment is out of whack with the crime - if it even was a crime.

Now a group of students from a small Jacksonville law school are stepping in to fight for Thornton.

Last fall, a student heard about Thornton's plight and approached Cynthia Irving, director of the Florida Coastal Law School's Juvenile Law Clinic. Irving contacted Citrus attorney Robert Christiansen, who had handled one of Thornton's early appeals. Christiansen was happy to send them his files - transcripts 4 inches thick.

Although the law students have never met Thornton, they've made his case their cause. They spent the past six weeks drafting an appeal arguing that Thornton deserves a new hearing because he had lousy counsel.


Inmates file these kinds of appeals all the time, but this case resonated with the students.

"I was shocked that someone so young could get such a harsh sentence for a tragic accident," said third-year law student Samantha Shealy of Ocala.

Thornton was driving a car in late December 2004 when he skidded into an intersection and collided with another vehicle, killing Brandon Mushlit and Sara Jo Williams.

Neither wore a seat belt; both were ejected.

Thornton shouldn't have been driving that night, but there were some mitigating factors, including a stop sign that was difficult to see at a dangerous intersection.

He wasn't speeding. He wasn't impaired, but the other driver was.

None of this mattered. Thornton couldn't afford a lawyer, so his case was handed to an assistant public defender, Eric Evilsizer. He did no reconstruction of the accident scene and persuaded his client to plead no contest to two counts of vehicular homicide without any guarantees on sentencing.

Judge Howard gave the kid the max. Thornton could remain in prison until 2034.

The sentence seems all the more harsh because a year earlier Howard had sentenced Thornton's father, Michael, to 30 years in prison for dealing in stolen property.


Howard has rejected requests to soften his sentence. When he ruled against Thornton's attempt to withdraw his guilty plea, Howard said the law doesn't allow a do-over.

A group of young, idealistic law students might have something to say about that.
 
30 years is ridiculous for involuntary manslaughter. The three years he actually served seems about right to me. Which I am sure was taken into account by this current judge when deciding the new punishment.

"I was shocked that someone so young could get such a harsh sentence for a tragic accident," said third-year law student Samantha Shealy of Ocala.

This is not right. It was not an accident, Thortan knew he was unlicenced and unqualified to drive that vehicle. It is sematics given what I said above, but he is most certainly culpable for entire incident.
 
30 years is ridiculous for involuntary manslaughter. The three years he actually served seems about right to me. Which I am sure was taken into account by this current judge when deciding the new punishment.



This is not right. It was not an accident, Thortan knew he was unlicenced and unqualified to drive that vehicle. It is sematics given what I said above, but he is most certainly culpable for entire incident.

This

1234567890
 
He wasn't speeding. He wasn't impaired, but the other driver was.

That aint relevant, the other driver had the right of way so its kinda ridiculous to say the victim was "impaired" but not the kid. The locals are complicit for designing a nasty intersection but the kid was going too fast for the conditions, that "impairment" is why people died. Its a tragedy and 30 years is absurd but I dont care for blaming the victim.
 
30 years for vehicular manslaughter... What is the average sentence for a child rapist?

Manslaughter is an accident. You don't go to jail for 30 years for killing people when it was clearly an accident.
 
Its a tragedy and 30 years is absurd but I dont care for blaming the victim.

As far as I'm concerned, people who don't wear seatbelts have nobody to blame but themselves, regardless of whatever else happens.

Did the driver of the other car being well over the legal alcohol limit contribute to the crash? Heck if I know. Insufficient information. All I know is that it certainly didn't help.
 
Did the driver of the other car being well over the legal alcohol limit contribute to the crash? Heck if I know. Insufficient information. All I know is that it certainly didn't help.

Given the sympathetic nature of your articles, I'd imagine any traffic violations on the part of the other drivers would have been noted. Not that there is much the victims could have done to contribute given they had the right of way and the kid freely admits he ran the stop sign.
 
the new sentence sounds about right for vehicular manslaughter for a 17 year old. You can intentionally kill someone and get a lighter sentence than 30 years.

As far as I'm concerned, people who don't wear seatbelts have nobody to blame but themselves, regardless of whatever else happens.

Did the driver of the other car being well over the legal alcohol limit contribute to the crash? Heck if I know. Insufficient information. All I know is that it certainly didn't help.

I don't think seatbelts would help much if you get t-boned by someone that's speeding
 
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