Elderly Driver Who Killed 10 To Be Sentenced

[Fandango 1,440]

http://www.news4jax.com/news/10362250/detail.html

LOS ANGELES -- George Russell Weller's daughter has told a judge that her 89-year-old father is "dying before our eyes" and should receive probation for killing 10 people and wounding 73 when his car roared through an outdoor farmers market three years ago.

Superior Court Judge Michael Johnson, who is scheduled to announce Weller's sentence on Monday, has a unique dilemma: How to punish an ailing convict whose case has created endless sorrow but few calls for imprisonment. Even some surviving victims have said they do not want to see Weller go to prison.

Johnson has no recommendations from the district attorney's office to guide him other than to impose a sentence that punishes and deters others from similar criminal conduct. And the defense is arguing for straight probation with no prison time.

The judge, persuaded by medical reports, allowed Weller not to attend the hearing. His lawyers say he suffers from a number of ailments, including fluid on the brain, has had a number of mini strokes and is neurologically impaired.

Prosecutors cited a probation officer's recommendation that Weller spend at least a small amount of time in prison.

"To simply return the defendant to his community on probation would not in any significant way address the magnitude of the defendant's criminal behavior," the probation report said. "The probation officer feels that the defendant, if even for a minimal amount of time, should be committed to the California state prison system."

Defense attorney Mark Overland said in his sentencing memorandum that imprisoning Weller would serve no purpose.

Since the crash on July 16, 2003, he said, "Mr. Weller has lived a reclusive life in his home under circumstances equivalent to self-imposed house arrest." He said both Weller and his elderly wife require full time caretakers.

Weller was 86 when his 1992 Buick Le Sabre plowed 300 yards through the Santa Monica market at up to 60 mph. The victims ranged in age from 7 months to 78 years.

His lawyers said he panicked after confusing the accelerator with the brake. Weller did not testify, but jurors heard a taped interview with police immediately after the crash in which he said he tried everything he could think of to stop.

The jury deliberated for eight days before reaching the harshest verdict possible -- guilty of 10 counts of vehicular manslaughter with gross negligence. It concluded Weller showed careless disregard and could have taken action to prevent the catastrophe.

The law gives Johnson leeway to sentence Weller to anything from probation to 18 years in prison -- all but a life sentence for a man his age -- for what happened at the Santa Monica Farmers Market.

But his decision may not end the case. Overland has said he would appeal a prison sentence, possibly extending the case until Weller dies.

We need harder restrictions for elderly drivers! I myself was nearly killed in an accident where an 86 year old man was driving on the wrong side of the road. Curved underpass, so I didn't see him coming. Full head on collision which put me temporarily in a wheelchair & made me need brain and spinal surgery. Only but for the Grace of God did I actually survive...and thats really no exaggeration whatsoever.

No, this is not about me....but this obviously hits very close to home for me...How many people do we need to die or be injured before we deal with this lethal problem???

[Trompe le Monde 1,107]

I agree completely, Lisa. My mother was also nearly killed by an elderly driver.

[Traviesa 0]

I agree with you, Lisa. The roads are dangerous enough without the mentally and physically failing added to the mix.

[Hilarious Clinton 452]

We need harder restrictions for elderly drivers! I myself was nearly killed in an accident where an 86 year old man was driving on the wrong side of the road. Curved underpass, so I didn't see him coming. Full head on collision which put me temporarily in a wheelchair & made me need brain and spinal surgery. Only but for the Grace of God did I actually survive...and thats really no exaggeration whatsoever.

I believe you.We need some kind of hand-eye coordination test. But AARP fights this stuff tooth and nail.

[kim&james 0]

I cant believe this story, I have lots of questions... what was someone in that state doing driving in the first place?

vehicular manslaughter on such a level or any level for that matter.... has to be punished to the full extent of the law... what about the victims families?

So he needs full time care.. so do lots of people but they dont go out and kill 10 innocent people...

so he is old... so are lots of people but they still end up in prison when they are guilty...

If this man killed a person in my family I would be calling for the death penalty... no ifs buts or why! this sort of thing really irks my wire!

[Fandango 1,440]

Seriously, for the life of me I can't even grasp the severity of killing 10 people and injuring 73. It's all well and good that his daughter is in court fighting for him, but where the ** was she when her father needed to go to the fcking farmer's market?

[I'm Gone 60]

My mother was also nearly killed by an elderly driver.

So was mine. I said Dad let mom drive at night. LOL

[GaryC 7]

I cant believe this story, I have lots of questions... what was someone in that state doing driving in the first place?

vehicular manslaughter on such a level or any level for that matter.... has to be punished to the full extent of the law... what about the victims families?

So he needs full time care.. so do lots of people but they dont go out and kill 10 innocent people...

so he is old... so are lots of people but they still end up in prison when they are guilty...

If this man killed a person in my family I would be calling for the death penalty... no ifs buts or why! this sort of thing really irks my wire!

In this case a 2 year sentance would be the death penalty. The man was clearly not in control of himself. I think yearly behind the wheel testing for everyone over 60 is needed.

[DeadPoolX 9]

Elderly drivers lack the necessary reflexes and eye-to-hand coordination to be really great drivers, even if they were once excellent behind the wheel when younger. Unfortunately, there comes a time where the keys need to be taken away. Of course, that begs the question...at what point does this happen? After all, some people are still pretty mobile and sharp well past retirement age.

[kim&james 0]

I cant believe this story, I have lots of questions... what was someone in that state doing driving in the first place?

vehicular manslaughter on such a level or any level for that matter.... has to be punished to the full extent of the law... what about the victims families?

So he needs full time care.. so do lots of people but they dont go out and kill 10 innocent people...

so he is old... so are lots of people but they still end up in prison when they are guilty...

If this man killed a person in my family I would be calling for the death penalty... no ifs buts or why! this sort of thing really irks my wire!

In this case a 2 year sentance would be the death penalty. The man was clearly not in control of himself. I think yearly behind the wheel testing for everyone over 60 is needed.

then send is azz to jail... at 86 years of age and in full time care, the responsilbility should also go to the caregiver for allowing someone in that capacity to drive.

and yes I totally agree that defensive driving tests should be given to people over the age of 60, for nothing else than the driving conditions and road rules have changed so much over the years. In new zealand, thye do have to get hearing and eye tests done every 2 years to retain their licence, my mum volunteers and has had to fail quite a few people over time. (funniest one was a guy who was blind in one eye.. he would cover that eye with one hand then when it came time to test the other eye... would swap hands in stead of eyes!)

tis sad though that eventually we are going to lose our driving privleges, but it is truely better to be a responsible person and know our own limitations or accept those of those closest to us, if we think we may be a danger to others.

[I'm Gone 60]

Maybe they could sentence him to community service. Give him a Hummer and let him drive along the border. LOL

[Ban Hammer 14,293]

Maybe they could sentence him to community service. Give him a Hummer and let him drive along the border. LOL

[aussiewench 9]

Lack of state laws to have some kind of motor skills testing etc on the very elderly are just as culpable IMO.

[Fandango 1,440]

Lack of state laws to have some kind of motor skills testing etc on the very elderly are just as culpable IMO.

That's when we get into the argument that the state is being ageist.

[Trompe le Monde 1,107]

They should be ageist against under 21s as well, or more ageist than they already are