Fatal atv crash CHANGE OF PLEA

THE CASE Clinton Norris, a CVU sophomore, died of injuries sustained in an ATV crash on May 11, 2013 after consuming alcohol. His BAC was 0.115 four hours after he stopped drinking. The legal limit for adults in Vermont is 0.08. Patrick Poon, 24, of Williston and Kent Richland, 27, of South Burlington allegedly purchased alcohol for Norris. Both co-defendants pleaded not guilty to the initial charge in September, 2013.

Clinton norris, age 16, cvu sophomore In an interview with the Burlington Free Press in September, Poon said he didn't know Norris, but was persuaded by Richland, who apparently had lost his ID, to buy a bottle of gin at Pearl Street Beverage in Burlington for Norris. According to police, Richland and Norris were friends. Citing text messages between Richland and Poon, Richland maintained his innocence to the Burlington Free Press. Clinton norris, age 16, cvu sophomore KENT RICHLAND, AGE 27, PERSUADED POON TO BUY LIQUOR FOR NORRIS (didn’t have an id) Patrick poon, age 24, FATHER TO A 3-YEAR OLD SON, purchased liquor for norris

JUDGE’S INSTRUCTIONS TO THE JURY Before opening statements were made, Judge Michael Kupersmith told the jury that they should analyze the credibility of witnesses and continue to assume Richland innocent until all of the evidence was presented. Kupersmith said the state needed to prove three things in order to show Richland was guilty without a reasonable doubt – that Richland was the person who committed the crime, that he created a direct and immediate opportunity for Norris to obtain alcohol that Norris was under 21 years old.

PLEA AGREEMENT BETWEEN STATE AND DEFENSE ~Relationship to class~ What is a plea deal or plea bargaining? Many criminal cases are resolved out of court by having both sides come to an agreement. This process is known as negotiating a plea, plea bargaining, or a plea deal. In most jurisdictions it resolves most of the criminal cases filed. Plea bargaining is prevalent for practical reasons. Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve. The prosecution saves the time and expense of a lengthy trial. Both sides are spared the uncertainty of going to trial. The court system is saved the burden of conducting a trial on every crime charged.

CONDITIONS TO PLEA DEAL HIGHEST SENTENCE THE STATE CAN IMPOSE IS 1-2 YEARS IN PRISON (as long as Poon complies with certain conditions of the plea agreement) Poon’s attorney is arguing for home confinement so Poon can be with his three-year-old son. The judge is not bound to follow the prosecution’s recommendation. THE DEAL: Poon will appear at Richland’s future hearings or trial and testify again at Richland’s trial in exchange for a lesser sentence: 3 months in prison and a $500 fine. Judge Samuel Hoar sentenced Poon to 60 days of home confinement, with exceptions for working at his job and for family medical needs. Hoar also added that Poon must serve 30 days on work crew, complete 100 hours of community service and enroll in a Project CRASH course for alcohol education. Poon will remain on probation for 1-2 years. "Being an adult means taking responsibility for what you do," Hoar said.

Follow-up On May 1, 2014, Judge Michael Kupersmith sentenced Kent Richland Jr., 27, of South Burlington to serve six months in prison and pay a fee of $2,000. Richland will remain under state supervision for up to two years. Kupersmith ordered that 30 days of his six month sentence be served on work crew and that 240 hours of community service be served after Richland is released from prison. Kupersmith said Richland’s probation officer will decide the type of community service, but Kupersmith recommended that it at least, in part, revolve around the issue of underage drinking awareness. Link to Burlington Free Press article – statements from parents

Three elements must be satisfied in order for someone to be found guilty of involuntary manslaughter: Someone was killed as a result of act by the defendant. The act either was inherently dangerous to others or done with reckless disregard for human life. The defendant knew or should have known his or her conduct was a threat to the lives of others. Source: http://criminal.findlaw.com/criminal-charges/involuntary-manslaughter-overview.html#sthash.9KrfYcUM.dpuf

QUESTION FOR DISCUSSION Do you feel the plea deal is fair and equitable to all parties? Can you think of any positives to parties reaching a plea deal? What does this opportunity offer the defendant – [Poon]? Do you feel all the elements of involuntary manslaughter were evident in this case? What is your reaction to the Norris’ treatment of Poon in the courtroom?