Plea deal goes up in smoke

SANDPOINT — A Clark Fork man’s decision to smoke marijuana while awaiting sentencing in a vehicular manslaughter case has unwound a binding plea agreement in his case.

Senior District Judge James R. Michaud declined last month to adhere to the pending agreement in Zachary Bradshaw Palmer’s case due to the defendant’s transgressions while on conditional release.

“I am of the same mind at this point,” 1st District Judge Steve Verby said on Thursday.

Verby reluctantly agreed in May to abide by the terms of the agreement, clearing the way for Palmer’s sentencing in June. But before the sentence could be imposed, Palmer tested positive for marijuana use and his bail was revoked.

Michaud declined to bind himself to the agreement because of the drug violation and Palmer’s inability to follow other rules, which put the matter back before Verby.

Verby advised the defense he was initially optimistic that Palmer would make a good candidate for probation.

But that optimism — and the binding element of the agreement — went up in smoke on Monday.

Palmer’s counsel, Michael Waldrup, argued the court and the state had already entered into the agreement and sentencing should proceed as originally planned.

“The court did not reserve the right to back out. Neither did the state,” said Waldrup.

Bonner County Deputy Prosecutor Roger Hanlon said the state has no intention of withdrawing from the pact, but disagreed with Waldrup’s contention that the court lacked the discretion to pull out.

Verby also disagreed.

“From my analysis, the court does have discretion as a matter of law,” said Verby.

The family of the victim in the deadly crash, Tyler James Pesce, initially voiced support for the agreement, but that, too, has evaporated, according to Hanlon.

“Their position has changed,” he said.

The agreement proposed a suspended prison sentence of three to seven years and retained jurisdiction, which would have qualified Palmer for release after serving six months in prison. Five years of probation was also proposed.

Palmer, 21, is accused of accidentally killing Pesce in a high-speed crash while driving drunk on River Road south of Clark Fork. Pesce, an 18-year-old from Hope who was a passenger in the sports car Palmer was driving, died in the rollover crash on Oct. 8, 2008.

Verby’s decision not to bind himself to the agreement means Palmer could proceed to sentencing without any guarantees or withdraw his plea and go to trial. He faces up to 15 years in prison if convicted.

Palmer was being held in lieu of $100,000 bail. Verby agreed to reduce the sum, but only to $30,000 due to Palmer’s “conscious” decision to repeatedly violate the terms of his conditional release by smoking dope.

Palmer’s mother and his supporters are becoming an increasingly volatile presence in the courthouse.

They were admonished by a bailiff on Monday for apparently making inappropriate remarks to a Pesce family member, loudly lambasted the court’s rulings as they left the courthouse and chastised a reporter for covering the case.

A status hearing in the case is scheduled for Aug. 6.