Weekends in Jail for Double-Fatal Crash

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Saint Albans, Vermont - September 3, 2009

A Franklin County man charged with killing an elderly couple behind the wheel nearly two years ago will go to prison, but only on a part-time basis. James Charron, 20, was charged with grossly negligent operation with death resulting.

The fatal crash happened nearly two years ago on Bushey Road in Swanton. With a history of crashes on the same road, the town has posted warnings.

James Charron had just turned 19 when police say he lost control of a used car he was test driving and slammed head-on into a pickup truck. The crash left Wanda Plante, 86, and her husband Joseph, 80, dead at the scene. Charron and his mother, who was riding with him, were seriously injured and still in wheelchairs the day of his arraignment three months later.

At sentencing in Vermont District Court in Saint Albans, defense lawyer Paul Volk said based on the degree of Charron's injuries any jail time should be suspended. Judge Michael Kupersmith imposed some jail time -- but only part time. "What this means in effect is that Mr. Charron will be serving weekends for the next three years," the judge said from the bench. "And that'll be served from Friday at six p.m. to Sunday at six p.m. -- and the rest of the sentence will be suspended." Charron was also ordered to perform 1,000 hours of community service.

Bushey Road is known as a dangerous stretch. Vermont State Police say there have been several accidents there before, and after, that fatal day on Nov. 26, 2007. As a result there has been greatly expanded enforcement. Police say 92 traffic tickets have been issued on Bushey Road since then.

The victims' family says it's not the road -- it was James Charron's negligence that caused the deaths. Kim Plante, the Victims' in-law, told Channel 3, "This justice system is a joke. Weekends is not fair. He took them. Yes, he has medical problems, but that's his fault."

Charron apologized to the victims' family, but they said he seemed to focus more on himself than them. Part of Charron's sentence calls for him to talk to high school students about the consequences of grossly negligent conduct behind the wheel.

Andy Potter - WCAX News