Gubernatorial pie thrower gets five days on work crew
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Matthew Manning |
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By David Delcore Times Argus Staff - Published: November 27, 2008
BARRE – The pseudo-Santa who slopped Gov. James Douglas in the face with a faux pie during this year's Independence Day parade in Montpelier copped a plea in Barre on Wednesday.
Judge Brian Grearson sentenced Matthew Manning, 23, to spend five days on a supervised work crew as part of his sentence after considerable debate about the impact of his actions.
Manning, now of East Montpelier, pleaded guilty to a charge of disorderly conduct in connection with a bizarre incident that unfolded on July 3 as Douglas was marching up State Street in Montpelier's annual parade.
Dressed as Santa Claus, Manning, then 22, ran up to Douglas and launched a pie into the governor's face before running away. Manning was quickly corralled by a parade watcher and then tackled by Barre Mayor Thomas Lauzon, who had been marching with Douglas at the time.
On Wednesday, an apologetic Manning – dressed in a suit, with his hair drawn back in a short pony tail – told Grearson he should have found a better way to express his frustration with Douglas' energy policy.
"I don't see anything good that has come from it," he said, describing himself as "… a disappointment to my community" and offering his apologies to Douglas, his own family – several of whom were in the courtroom – and the community at large.
"I've learned that it wasn't funny," he said, describing the prank as "a mistake."
Grearson, who described the incident as both "serious" and "reckless," agreed. He suggested Manning's actions had "a ripple effect" in Vermont – a small state where the highest elected official is extremely accessible and has historically felt comfortable participating in parades with minimal security.
"As a result of your actions maybe that security is a little tighter … and we are a little less open," he said.
After accepting Manning's guilty plea, Grearson was urged by Washington County States Attorney Tom Kelly to consider a stiffer-than-usual-sentence for a first-time offender accused, in his words, of "tumultuous behavior."
Kelly cited the unique nature of the victim, the fact that the governor's security has in fact been modified in the wake of the incident and the "assault-like nature" of the confrontation.
"If you had a scale of one to 10 on disorderly conduct, your honor, it's a 10, and I think the court should impose a sentence that reflects that," he said, urging Grearson to consider a 60-day suspended sentence with 45 days to serve on a work crew, in addition to reparative probation and an agreement to donate $21.35 – the amount of Douglas' dry cleaning bill – to the Vermont FoodBank.
Kelly argued the fact that Manning actively sought out Douglas should be a consideration.
"It wasn't the tuba player in the band. It was the governor of our state," he said. "Mr. Manning picked his target and he should have to pay the penalty for it."
Manning's lawyer, Ginny McGrath, said her out-of-work client would agree to all but the work crew duty, accusing Kelly of blowing an admittedly "regrettable incident" out of proportion.
"He (Kelly) seems to want to make more of this than it actually is," she said, describing Manning as "an ideal candidate" for reparative probation – a process that would likely require him to apologize to Douglas, as well as to the community.
Grearson ultimately split the difference.
Although the judge acknowledged he typically wouldn't consider a work crew sentence for someone with Manning's spotless criminal background, he said the "unique nature" of the victim had to be considered.
"I think there has to be some other punishment," he said.
In addition to ordering Manning to make a donation to the FoodBank on the governor's behalf and requiring him to complete reparative probation, Grearson sentenced him to five days on a supervised work crew.
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