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August 21, 2015

Father given significant prison term for role in deadly crash by underage daughter

As reported in this local article, sentencing took place yesterday in state case that should be a warning to all parents of teenagers (and also involves facts that would make for a challenging law school exam question in a torts or crim law class).  The article is headlined "Dad sentenced to prison in unlicensed daughter’s crash," and here are the sad details:

An New York man who admitted to handing over the keys to his SUV to his unlicensed teenage daughter was sentenced Thursday to 6 1/2 to 16 years in prison for his role in a car crash that killed three teens.

Michael Ware of Eastchester had faced a maximum of 21 years behind bars and $45,000 in fines when sentenced at the Wayne County Courthouse. In handing down the sentence, Judge Raymond Hamill repeatedly told Ware he was "a failure as a father" and that the crash had been "preventable, irresponsible, reckless, stupid, selfish" and, finally, "criminal."

Ware, 54, addressed the court briefly before Hamill pronounced his sentence. "I will never be able to feel the loss the families will forever feel," Ware said. "I can only say, hopefully, this brings some form of closure for everyone affected by this horrible tragedy. Neither I nor my daughter ... ever meant any harm to anyone that day."

Prosecutors said Ware let his daughter, then 15, drive his Chevrolet Suburban on Aug. 30, 2014, near a Pocono resort community in Paupack Township, where he owns a vacation home. His daughter took the vehicle, with five friends inside, to buy breakfast before speeding down a hill and flipping the SUV several times.

Cullen Keffer, Shamus Digney and Ryan Lesher, all 15-year-old residents of Bucks County, Pa., were killed. Another passenger was seriously injured. Ware's daughter, who lives in Pleasantville, N.Y., and another Westchester County teen were uninjured.  "He basically gave his daughter a gun and put the bullets in it for her," said Wilson Black, Digney's uncle, as he entered court.

The judge, who spoke for 20 minutes, noted Ware initially lied to investigators and, for about 60 days, let his daughter take the full blame for the crash by denying he had allowed her to drive that day.  Hamill also said Ware had failed to convince him that he was a candidate for rehabilitation.  "Not once did you say, 'I'm sorry' " until the sentencing, the judge said. "Not once did you say, 'I'm responsible.' "

The judge characterized Ware as an overly permissive father who failed to set appropriate rules.  He noted Ware's daughter told investigators she had been driving since the age of 14 and had driven from New York to the Poconos that weekend.  "Your failure to be a father and say 'No' caused these tragic deaths," he told Ware.

During the sentencing, relatives of the dead boys, who had waited nearly a year for a resolution, held hands and closed their eyes. Some of the parents sobbed while others sat stoically.  Each of the boys' parents delivered emotional victim-impact statements. As they spoke, the only sound in the room was that of relatives trying to choke back tears....

Ware's lawyer, Robert Reno, said he believed the judge had mischaracterized Ware's remorse and called the sentence "ridiculous." He said they would appeal. Ware pleaded guilty in July to three misdemeanor counts of reckless endangerment and three of involuntary manslaughter. He had initially faced felony charges.

Ware's daughter acknowledged responsibility in juvenile court to vehicular homicide counts and was placed on indefinite probation. She was also ordered to do 300 hours of community service, pay restitution and write a 2,000-word essay on the impact of her crime....

Joe Keffer, father of Cullen Keffer, spoke to reporters at the bottom of the courthouse steps after Ware's sentencing. "I'm satisfied the judge went over and above the recommended sentence," he said. "However, Mr. Ware will not have to endure the lifetime of misery our three families will."

August 21, 2015 at 09:43 AM | Permalink

Comments

Just a quick note to tell you that I am enjoying your blog. I am a criminal attorney in Massachusetts.

Posted by: Patrick Donovan | Aug 21, 2015 9:19:24 PM

This is an interesting case. There are dead kids, and he helped cause that. The sentence seems appropriate.

Posted by: federalist | Aug 22, 2015 10:02:09 AM

All the blame goes to the lawyer profession.

If it recognize the reality of adulthood at 14, the girl could have received driving lessons, been tested, licensed, and more responsible from her training. The age of adulthood is a lawyer fiction, one of so many.

Posted by: Supremacy Claus | Aug 23, 2015 12:01:22 AM

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