Prison ordered in manslaughter case
SANDPOINT — A Clark Fork man who caused a deadly rollover crash while driving drunk last year was given a three- to seven-year prison sentence on Thursday.
But 1st District Judge Steve Verby retained jurisdiction in the case, which means Zachary Bradshaw Palmer could be released after serving six months of the sentence with the Idaho Department of Correction.
Palmer’s driving privileges were suspended for three years, he was fined $3,000 and ordered to pay $2,472 in restitution for taxpayer funds expended during his prosecution.
The sentence largely conforms to the terms of a pending plea agreement, which was cast in doubt after a drug test indicated Palmer used marijuana while his sentencing hearing loomed.
Palmer, 21, pleaded guilty to vehicular manslaughter at the felony level in connection with the Oct. 8, 2008, crash on River Road south of Clark Fork.
Tyler James Pesce, an 18-year-old from Hope who was Palmer’s passenger, was killed in the crash.
Palmer’s blood alcohol level was measured at 0.13, well above the legal limit of 0.08. No alcohol was detected in Pesce’s system.
Palmer expressed his remorse to the parents of Pesce and apologized to them before he was sentenced.
“I’m here to take responsibility for my actions and accept the consequences,” said Palmer. “I have learned a valuable lifelong lesson and even though I can’t take back what has happened, I can learn from this and be a better person.”
When Verby questioned Palmer about his drug use during the case, Palmer admitted having a problem with pot and turned to it for relief in times of stress.
Pesce’s stepmother, Teresa, told the court that she and Tyler’s father, James, supported the plea agreement until seeing the presentence investigation, which reported that Palmer allegedly made flippant remarks about the death and showed a disregard for authority.
“It concerned us that he was not afraid. I expected some fear of authority and he seemed to have a mocking scorn that bothered us exceedingly,” Teresa Pesce said.
But Palmer’s defense counsel, Michael Waldrup, challenged the accuracy of the presentence investigation and called witnesses to fortify contentions that his client’s remorse is genuine and the insensitive remark — that it was Pesce’s time to pass — was lifted out of a broader statement and taken out of context.
“That isn’t just cut and dry the way he said something. It was, ‘I’m really sorry … I wish he hadn’t gotten into the car with me … it must have been his time to pass … I wish it was me instead’ — it was more like that,” said Ed Walker, a local businessman who knows both families involved.
Deputy Prosecutor Roger Hanlon had no comments during the hearing, other than reminding the court the victim’s family does not support the agreement.
During Walker’s testimony, Verby pointed out that his role as the sentencing judge extended beyond punishing Palmer for the offense.
“This isn’t about this individual,” he said. “This is about how do we keep this same type of event which has happened far too long and far too often in Bonner County, in Boundary County, in Kootenai County, in the state of Idaho — throughout the country — from reoccurring? That’s the huge problem that I face. How do I, in each case, try to make a change so it doesn’t happen again?”
Tammy Blankenship, who also testified for the defense, sought to try and answer the question.
“The impact that this has had on our community, I think, is going to make all of these kids think twice before they get into a car with somebody who’s drinking or before they drink and get the car themselves,” Blankenship said.