Luther strikes plea deal in stepson's death
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William Luther, of Cabot, was convicted of hitting Jason Bear with his vehicle more than two years ago while Bear was walking down Route 215 in Cabot. FILE PHOTO |
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By Thatcher Moats
TIMES ARGUS STAFF - Published: June 25, 2009
BARRE – A Cabot man accused of hitting and killing his stepson while driving drunk struck a plea deal Wednesday. But William Luther, 48, remained defiant, accusing cops of corruption and saying his stepson was trying to get killed.
Luther was convicted yesterday of hitting Jason Bear with his vehicle more than two years ago while Bear was walking down Route 215 in Cabot.
Luther was charged with two felonies on March 13, 2007, one day after Bear's body was found at the bottom of an embankment on the side of the road. A third charge was filed just last week.
At a hearing Wednesday in Vermont District Court in Barre, Luther pleaded guilty to leaving the scene of a fatal accident. He pleaded no contest to gross negligent operation of a vehicle with a fatality resulting, and a judge found him guilty of the charge.
The state dropped the charge of driving under the influence of alcohol with death resulting as part of the agreement.
The plea deal calls for a sentence of three to 15 years, but the sentence will be imposed at a later hearing and could potentially change.
Luther, who has been out on bail since his arraignment, had a trial scheduled for next week, while jury selection was set to begin Wednesday.
Though he admitted to one crime and was found guilty of another, Luther was still defiant on Wednesday. In interviews outside the courtroom, he said two of the state police who worked on the case are corrupt and he said he thinks Bear was trying to get hit by a car.
"The kid was walking out in the road to commit suicide," Luther said. Luther said he believes that because he said Bear has tried it before.
Luther also said that Detective Sgt. Russell Robinson and Sgt. Mike Henry — two state police officers who investigated the case — are corrupt.
"Trooper Henry and Robinson are crooked cops," he said.
Luther wouldn't elaborate on the accusations of corruption.
"I can't say right now because I haven't done my homework yet," said Luther.
Luther indicated, however, that he would be doing an investigation.
Luther said he was not sure how he ended up hitting Bear, who was 27 when he died.
"He was right in the middle of the road," said Luther. "I don't know why I didn't see him. It certainly wasn't because I was drunk and weaving all over the road. I don't know. It was all those black clothes he was wearing. It's a nightmare I live with every day."
The investigation began on March 12, 2007, when police received a report of a body lying off Route 215. Investigators found fragments of a headlight and turn signal at the scene, along with dark paint chips, according to the affidavit that Robinson wrote.
Police determined that the headlight fragments belonged to a Jeep Cherokee and soon learned that Luther had a 1998 Jeep Cherokee, according to the affidavit.
Luther's car was involved in an accident on Lower Road in Plainfield the same day the body was found, and Luther had his cousin pick the vehicle up and transport it a garage, court records state.
Prosecutors believe the later accident was designed to cover up evidence that could be used to show that Luther struck Bear. Luther also admitted as much to police, court papers show.
Luther eventually admitted to police that he hit Bear, the affidavit states.
"Yes, my name is William Luther. I am calling about the accident last night where I hit my stepson and killed him," Luther said to police over the phone, according to court records.
Luther said he drank between 12 and 24 beers the day he hit Bear and told police he was drunk and shouldn't have been driving, the affidavit states.
He also said the drinking was part of the reason he left the scene.
"I panicked. I knew I had too much to drink and I got scared. I took off," Luther told police, according to court records.
After the accident, before leaving the scene, Luther got out of his car, saw the coat the person was wearing and "right away I knew it was Jay," Luther told police, according to records.
The gross negligent operation charge was filed last week, more than two years after the initial charges were filed.
The affidavit supporting that charge contains much of the same information as the initial affidavit. But it also talks about Luther's vision and the fact that his ex-wife said he wasn't wearing glasses when he got home the night Bear was killed.
Dr. Mark Leipert, an optometrist at the Berlin Mall, said during a deposition that he conducted an eye exam with Luther in November 2006, a few months before Bear died. Leipert said that Luther's uncorrected vision was 2-0/100 in one eye and 2-0/70 in another. Leipert said that this would make it illegal for Luther to drive without "correction" to his vision.
Washington County State's Attorney Tom Kelly said he thinks the outcome of the case is a good one.
"With all the circumstances, it's a just result," he said.
Kelly said there have been negotiations taking place while the case was pending between himself and Luther's attorney, Maggie Vincent, but the talks became more serious as the trial approached.
The new charge filed last week also may have helped, he said.
"The filing of the new charge spurred more talking," he said.
Bear's family members were not in the courtroom on Wednesday, but could testify at a sentencing hearing.
Kelly said he spoke with the victim's family and said they were supportive of the deal.
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