Judge passes on plea agreement

SANDPOINT — A senior 1st District Court judge declined on Thursday to stick to a binding plea agreement to resolve a vehicular manslaughter case against a Clark Fork man.

“I cannot go forward with the plea agreement,” Judge James R. Michaud said at the outset of Zachary Bradshaw Palmer’s sentencing hearing.

Judge Steve Verby bound himself to the plea agreement in May. The agreement proposed a suspended prison sentence of three to seven years with retained jurisdiction. Verby, however, was out of town on Thursday.

When the court retains jurisdiction, a defendant could be eligible for probation after serving six months in the Idaho Department of Correction.

But Michaud concluded that Palmer is not presenting himself as a good candidate for probation.

Michaud noted that Palmer was not entirely cooperative with a presentence investigation and had been late to court-ordered appointments, tardiness which nearly resulted in his arrest.

Although either transgression could be viewed as relatively minor, obstreperousness and the rules of probation mix poorly, Michaud explained.

Moreover, the court found that Palmer had been dishonest about his marijuana use since the fatal crash.

Palmer maintained he had not used pot, although a drug test contradicted the claim and led to his re-arrest for violating the terms of his conditional release.

“The concerns of the court are obvious,” Michaud said.

It is unknown if Verby will remain party to the binding plea agreement. Either Verby or Palmer could withdraw from the pact, which could set the stage for additional plea negotiations or perhaps even a trial.

Palmer, 21, was charged with felony vehicular manslaughter after a rollover crash on River Road southeast of Clark Fork. Tyler James Pesce, an 18-year-old passenger in the Chevrolet Corvette Palmer was driving, was killed in the Oct. 8, 2008 crash.

Following the wreck, Idaho State Police measured Palmer’s blood-alcohol level at 0.13, according to court documents.

Palmer remains held at the Bonner County Jail with bail set at $100,000. A status conference in the case is set for July 6.