LA man, 89, gets probation in crash that killed 10
20 Nov 2006 20:13:36 GMT Source: Reuters
By Dan Whitcomb LOS ANGELES, Nov 20 (Reuters) - An 89-year-old man who killed 10 people and injured dozens of others when he lost control of his car and crashed through a Los Angeles-area street market was sentenced on Monday to five years probation. George Russell Weller, who was convicted of 10 counts of vehicular manslaughter in October, was spared a harsher sentence by a Los Angeles judge who said the retired salesman deserved prison time for his lack of remorse but was too old and frail to survive behind bars. "I will simply never understand Mr. Weller's indifference to the victims in this case and I will never understand his stubborn and bullheaded refusal to accept responsibility and put this matter to rest for everyone, including himself," Los Angeles Superior Court Judge Michael Johnson said. Weller, who attended little of the trial and was not in court for the sentencing, citing ill health, could have faced up to 18 years in prison. Johnson, who ordered Weller to pay restitution to the victims, said he deserved prison time. Weller has heart trouble and is now confined to a wheelchair, although he wasn't at the time of the accident. The judge said, "Sending Mr. Weller to jail or prison would be a burden on prison authorities. It would require taxpayers to pay the substantial costs of Mr. Weller's medical care and it would likely kill Mr. Weller. None of that is right and it makes no sense, so I will place Mr. Weller on probation." Victims' family members spoke during the hearing, some calling for Weller to be sent to prison and saying they were angry that he did not appear in court. Weller was 86 when he barreled through the busy Santa Monica farmer's market on July 16, 2003. The crash brought new scrutiny on aging drivers nationwide, prompting California to consider stiffer license requirements for the elderly. Prosecutors suggested that Weller was rushing away from a minor traffic accident in which he was involved near the market when he plowed through wooden barricades and some 300 yards (275 metres) through the open-air market, killing 10 people including an infant and 3-year-old girl. Witnesses testified that Weller showed no remorse after the crash, with one dead body resting on his hood and another under the wheels. Two witnesses quoted him as saying, "If you saw me coming, why didn't you get out of the way?" Defense attorneys argued that the crash was a tragic accident and said Weller mistakenly stomped on the accelerator, instead of the brake, then panicked and was unable to stop his 1992 Buick as it smashed through the market.
